HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36440 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Pankaj Srivastava, Advocate holding brief of Sri Satya Prakash Singh, learned counsel for the applicant, Sri Anurag Vajpeyi, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Sri Anurag Vajpeyi, learned counsel appearing for the first informant submits that he has filed his Vakalatnama in the office today i.e. 17.10.2025. Office is directed to trace out the same and place it on record and make a note in the order-sheet about it. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Irfan, seeking enlargement on bail during trial in connection with Case Crime No. 242 of 2025, under Section 85, 80 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Garhmukteshwar, District Hapur. 5. The first information report of the present matter was lodged on 27.04.2025 by Basad against the applicant and 05 other persons alleging therein that his sister Sazia was married to Zeeshan in the year 2021 as per Muslim customs & rites. After marriage the accused persons used to assault her and there was demand of Rs. 4 lakhs and a car as injury. On 27.04.2025 the accused persons murdered her due to non-fulfillment of dowry and threw her body in Mohalla Meera ki Reti in a grove. 6. Learned counsel for the applicant submitted that the applicant is the jeth of the deceased and he has been falsely implicated in the present case. It is submitted that the applicant lives separately from that of the deceased and her husband. It is further submitted that previously a first information report was lodged as Case Crime No. 766 of 2024, Police Station Hapur Nagar, District Versus Counsel for Applicant(s) : Satya Prakash Singh Counsel for Opposite Party(s) : G.A. Irfan .....Applicant(s) State of U.P. .....Opposite Party(s) Hapur by the deceased Sazia against the applicant and 06 other persons in which the address of the applicant is given as resident of Mohalla Kureshiyan, Meera ki Reti, Police Station Garhmukteshwar, District Hapur which shows that he lives at a different place. It is submitted that general and omnibus allegations have been levelled against the applicant and the applicant has been falsely implicated as he is the jeth of the deceased. The applicant has no criminal history as stated in para 26 and is in jail since 12.06.2025. 7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that in so far as the deceased is concerned, she was found to have received one ligature mark on her body, one dried and hard mark on neck, one other ligature mark and one multiple abrasion and the cause of death was opined as asphyxia as a result of antemortem strangulation. It is submitted that in so far as the applicant is concerned, the address of the applicant is the same in the present case and in the previous first information report also lodged by the deceased which is annexed as Annexure-6 to the affidavit. It is submitted that since the present case is a case of strangulation the possibility of suicide is totally ruled out. Learned counsel for the State has placed before the Court judgement of the Apex Court in the case of Shabeen Ahmad Vs. State of U.P.: SLP (Crl.) No. 15156 of 2024 decided on 03.03.2025 to buttress his submission. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the jeth of the deceased. The deceased died in her matrimonial house within seven years of marriage. The death is unnatural. The applicant is named in the first information report and there are allegations against him. The cause of death as opined by the doctor is asphyxia as a result of antermortem strangulation which cannot be a symptom of suicide. No ground for bail is made out. 9. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 10. Pending application (s), if any, shall stand disposed of. October 17, 2025 AS Rathore BAIL No. 36440 of 2025 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad