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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12888 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case Crime No. 385 of 2022, under Sections - 498-A, 304-B, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Sector 39, NOIDA, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail. The first bail application was rejected by the co-ordinate Bench Court of this Court on merits, vide order dated 23.04.2024. 3. It has been argued by learned counsel for the applicant that the applicant- accused is innocent and he has been falsely implicated in this case. It is further submitted that applicant is the husband of deceased and they have performed love marriage. The allegation that deceased was being harassed on account of dowry is wholly false. In fact the deceased has committed suicide by jumping from roof of the house. Earlier also the deceased has made an attempt to commit suicide and that version is also supported by medical examination report. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 23.04.2024 and the trial court was directed to expedite the trial and conclude the same within a period of one year but trial has not concluded so far. It was pointed out that in charge-sheet 25 witnesses have been cited and so far only 7 witnesses have been examined. Applicant is in Jail since 05.07.2022. It was submitted that in case applicant is granted bail, Versus Counsel for Applicant(s) : Ankit Rai, Rajeev Giri, Toshiva Singh Counsel for Opposite Party(s) : G.A. Akhilesh Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
he shall not misuse of liberty of bail and would cooperate in trial. 4. Learned AGA has opposed the bail application and submitted that there is evidence that deceased was being harassed on account of dowry and at the time of incident deceased was pregnant. She was thrown from the roof of the house and she has sustained injury all over her body. In that connection, statement of PW-2 Reeta was mentioned. 5.
Perusal of record shows that applicant is the husband of deceased and there is allegation that deceased was harassed on account of dowry. At the time of incident, deceased was pregnant. As per prosecution version, deceased was assaulted and thrown from the roof by applicant and resultantly, she has sustained injuries and died. In that regard statement of PW-2 Reeta was referred. Learned counsel for the applicant could not show any substantial new ground to entertain this second bail application. Considering submissions of learned counsel for the parties, nature of accusations and all attending facts and circumstances of the case, no case for bail is made out. 6. Accordingly, the instant second bail application filed on behalf of applicant is rejected. 7. However, keeping in view the period of detention of the applicant, learned Trial Court is directed to expedite the trial and to conclude the same, as early as possible, preferably within a period of nine months from the date of receipt of certified copy of this order. 8. A copy of this order be forwarded to the concerned court for necessary compliance. October 15, 2025 A.N. Mishra BAIL No. 12888 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad