HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34435 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Pramod Kumar Srivastava, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Akhilesh Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 618 of 2024, under Section 85, 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Meja, District Prayagraj. 4. The first information report of the present matter was lodged on 15.11.2024 by Deepak Kumar against the applicant and 07 other persons alleging therein that his younger sister Sarita was married as per Hindu Rites & Customs with Kaushlesh Kumar in the year 2021. After marriage the accused persons demanded extra dowry and used to torture her. On 08.11.2024 at about 4 pm due to non-fulfillment of their previous demand of dowry the accused persons together assaulted her mercilessly due to which she received serious injuries. She received serious injuries on her body and her head was also injured. The information about it was not given to him or his family members. On the pretext of giving her medicines they gave her poisonous substance and murdered her. There was demand of a motorcycle and Rs. 2 lakhs as dowry. A report be lodged and action be taken. Versus Counsel for Applicant(s) : Dhananjay Kumar, Pramod Kumar Srivastava Counsel for Opposite Party(s): G.A. Akhilesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the applicant submits that the applicant is the devar of the deceased. While placing paragraph 13 of the affidavit it is submitted that the deceased Sarita and her husband Kaushlesh started living separately from other family members. Further while placing paragraph 15 & 16 of the affidavit it is submitted that an altercation took place between the deceased and her husband on 08.11.2024 and in the same her husband took her mobile phone and kept it in his possession after which Sarita consumed poison and committed suicide on 08.11.2024. It is submitted that the applicant and the entire family members have been falsely implicated in the present case. It is submitted that co-accused Smt. Gomit Devi the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 31.07.2025 passed in Criminal Misc. Bail Application No. 25083 of 2025, the copy of the said order is annexed as Annexure-7 to the affidavit. The applicant has no criminal history as stated in para 24 and is in jail since 04.08.2025. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report and there are allegations against him. It is further submitted that the deceased Sarita was found to have received two injuries on her body which are as under:- "1. Stitched wound present 03cm, 03 stitches present on left side forehead. 03cm above left eyebrow. 2. Abrasion 02cx01cm on right side face." 7. It is further submitted that in the scalp the doctor found hematoma present. It is submitted that the immediate cause of death as opined by the doctor conducting the postmortem examination was Cardiac Shock due to Myocardial Infarction and Viscera was preserved for chemical analysis which after analysis was found to contain Aluminium Phosphide poison. It is submitted that as such the fact which emerges out is that the deceased was assaulted on her head and was also administered poison which was the cause of her death. It is submitted that as such the implication of the applicant is there in the matter and the deceased was done to death in her matrimonial house due to non-fulfillment of demand of dowry. BAIL No. 34435 of 2025 2 8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and there is allegation of demand of dowry by the applicant and other accused persons. The postmortem report of the deceased goes to show that she was assaulted on her head and then poison was administered to her which was found in the viscera report. The matter goes to show that the same is grievous in nature. 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 7, 2025 AS Rathore BAIL No. 34435 of 2025 3 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad