Neutral Citation No. - 2025:AHC:62695 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7051 of 2025 Applicant :- Vishal Mandal Alias Guru Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sudhir Kumar Singh, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Vishal Mandal @ Guru, seeking enlargement on bail during trial in connection with Case Crime No. 189 of 2024, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, registered at P.S. Gajraula, District Pilibhit. 4. The FIR of the matter was lodged on 15.06.2024 by Gopal Mandal against the applicant and three other persons alleging therein that the marriage of his daughter Pooja Mandal was married to Vishal Mandal (the present applicant) four years back. The accused persons due to demand of dowry used to torture and assault her for which he had previously lodged a first information report. On 15.6.2024 at about 02:00 pm the accused persons murdered his daughter and hung her. When he reached the place of occurrence he found the dead body of his daughter lying there. The accused persons have murdered his daughter and ran away. The incident has occurred due to demand of dowry. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case although he is the husband of the deceased. It is submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report wherein the deceased was found to have received a single ligature mark on her body and the cause of death is asphyxia as a result of antemortem hanging. It is submitted that investigation in the matter has concluded and charge sheet has been submitted against the applicant and three other co-accused persons. It is submitted that the applicant was not present at the house on the day of incident and had gone out of district to work and when he received an information about the incident he immediately returned and then performed last rites of his wife, copy of the roadways bus ticket dated 15.06.2024 to demonstrate that the applicant had returned from the place of work to his house on receiving information about the incident, para 17 and annexure 9 to the affidavit has been placed before the Court. It is submitted that the other co-accused persons have been granted bail by the concerned trial court, para 16 and annexure 8 being the orders granting bail have been placed before the Court. It is submitted that the applicant and the deceased were leading happy married life as is evident from the fact that a son was born to them around two years back. It is submitted that previously the applicant was involved in three other cases which has been disclosed and explained in para 30 of the affidavit. The applicant is in jail since 24.06.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail vehemently and submitted that the applicant is the husband of the deceased. It is submitted that the deceased died in her matrimonial house within seven years of marriage. There is an allegation of demand of dowry, torture and assault her against the applicant and other accused persons. The death is an unnatural. While placing para 15 of the affidavit in support of the bail application it is submitted that previously a case being Case Crime No. 335 of 2023, under Sections 498-A, 307, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Gajraula, District Pilibhit was lodged on 08.11.2023 in which a charge sheet dated 01.03.2024 has been submitted against the accused persons. It is submitted that the same goes to show that there had been a demand of dowry, assault and harassment of the deceased before. 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. The deceased died in her matrimonial house within seven years of marriage. The death is unnatural. In so far as the alibi is concerned, the same needs to be in the trial. Prior to the present case, a first information report was lodged regarding demand of dowry, torture and harassment of the deceased against the applicant and his family members in which charge sheet has also been submitted. No ground is made out. 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. Order Date :- 24.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad