Neutral Citation No. - 2025:AHC:51253 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5559 of 2025 Applicant :- Khem Singh Alias Kaalu Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Jadaun,Seema Singh Jadaun Counsel for Opposite Party :- Anil Kumar,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Jitendra Pal Singh Jadaun, learned counsel for the applicant, Sri Anil Kumar, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel 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- Khem Singh Alias Kaalu, seeking enlargement on bail during trial in connection with Case Crime No. 584 of 2024, under Section 80, 85 B.N.S. & Section 3/4 Dowry Prohibition Act , Police Station Sadabad, District Hathras. 4. The first information report of the present matter was lodged on 15.11.2024 by Rautan Singh against the applicant and 02 other persons alleging therein that his niece Rakhi was married to the applicant on 31.01.2023. After marriage there was demand of dowry by the accused persons and they used to assault & torture her and used to keep her hungry. On 14.11.2024 at about 8.15 am he received a phone call of Virendra Singh father-in-law of Rakhi stating that she is ill and is being taken to Agra. He along with his family members proceeded towards Agra but her father-in- law told that Rakhi has died. The accused persons had left the dead body and ran away. 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 doctor conducting the postmortem examination has stated that there was no injury found on the body but still the cause of death has been opined as Shock & Haemorrhage as a result of antemortem injury. It is submitted that co- accused Veerendra the father-in-law and Smt. Vedvati the mother-in-law of the deceased have been granted bail by a co-ordinate Bench of this Court vide orders dated 13.12.2024 and 07.02.2025 passed in Criminal Misc. Bail Application Nos. 45807 of 2024 and 46433 of 2024, the copy of the said orders are annexed as Annexure-SA-9 to the supplementary affidavit dated 20.02.2025. It is submitted that there was never any demand of dowry. The applicant has no criminal history as stated in para 16 and is in jail since 16.11.2024. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and submitted that there is allegation against the applicant and other accused persons of demand of Rs. 15 lakhs as dowry. It is submitted that the deceased died within two years of marriage in her matrimonial house. The death is unnatural. It is further submitted that the postmortem examination report of the deceased goes to show that she was pregnant and had received injury in her abdomen area wherein blood was collected which was the reason for her death. It is submitted that co-accused who have been granted bail are father-in-law and mother-in-law of the deceased and the applicant is the husband of the deceased and as such his case is distinguishable with them. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. There is an allegation of torture, harassment and demand of dowry by the applicant and co-accused persons. Co-accused who have been granted bail are father-in-law and mother-in-law of the deceased but the applicant is the husband of the deceased and as such his case is distinguishable with them. The deceased was found to have received injury in her abdomen during a stage of pregnancy due to which blood had collected and she died. 8. 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 at this stage. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 9.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad