Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27200 of 2024 Court No. - 66 HON'BLE SAMIT GOPAL, J.
1. List revised. 2. Heard Sri Jitendra Pal Singh, learned counsel for the applicant, Sri Rahul Saxena, learned counsel for the first informant and Sri Triveni Saran Rai, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Ramasre, seeking enlargement on bail during trial in connection with Case Crime No. 43 of 2024, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, registered at P.S. Amaria, District Pilibhit. 4. The FIR of the matter was lodged on 18.03.2024 by Jhanjhan Lal against the applicant and four other persons alleging therein that his daughter Rakhi was married to the applicant in April, 2021 in which he had given gifts, cash and other items including a motorcycle. The accused persons were not satisfied with it. Subsequently there was a demand of dowry of Rs. 5 lakh from his daughter for dairy business. They used to torture and harass his daughter. He consoled them but they did not agree to it. On 17.03.2024 he received an information that his daughter has been murdered. He went there and found injuries on her body. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report wherein she was found to have received a single ligature mark on her body and the cause of death was opined as asphyxia as a result of antemortem hanging. It is further submitted that there was never any demand of dowry and the Versus Counsel for Applicant(s) : Jitendra Pal Singh, Pradeep Kumar Singh Counsel for Opposite Party(s) : G.A., Rahul Saxena Ramasre .....Applicant(s) State of U.P. .....Opposite Party(s)
allegations as levelled against the applicant and other co-accused persons are totally false and incorrect. It is submitted that the deceased was a sensitive lady and since she was refused by the applicant to go to her maternal house and thus she committed suicide.
While placing para 18 and 19 of the affidavit it is submitted that the father of the applicant executed a gift deed in favour of son of the deceased namely Rajbir and made maternal grandmother Mrs. Javitri wife of the first informant as guardian. It is further submitted that charge sheet in the matter has been submitted against the applicant, para 20 of the affidavit has been placed before the Court. It is submitted that co-accused Smt. Anokhi Devi the mother-in-law and Puran Lal the father-in-law of the deceased have been granted bail by Sessions Judge, Pilibhit vide orders dated 03.05.2024 and 14.05.2024, copy of the orders are annexed as annexure 6 respectively to the affidavit. It is submitted that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 20.03.2024. 6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the husband of the deceased. He is named in the FIR and there are allegations of demand of dowry against him. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. Charge sheet in the matter has been submitted against the applicant. The applicant has failed to discharge the burden regarding the death of his wife in his house. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. Pending application(s), if any, stand disposed of.
October 17, 2025 M. ARIF BAIL No. 27200 of 2024 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad