OMPRAKASH VISHWAKARMA ALIAS NEETU v. STATE OF U.P.
BAIL/7083/2025 · 2025-04-17
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23310 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:57472 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7083 of 2025 Applicant :- Omprakash Vishwakarma Alias Neetu Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Tarun Jha, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Omprakash Vishwakarma Alias Neetu, seeking enlargement on bail during trial in connection with S.T. No.34 of 2025, Case Crime No.141 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S.Dakore, District Jalaun. 4. The first information report of the present matter was lodged on 25.10.2024 by Ram Milan Vishwakarma against the applicant and another person alleging therein that the marriage of his daughter Reena was solemnized with Omprakash Vishwakarma alias Neetu (the applicant) on 23.4.2024. After marriage the accused persons used to torture & trouble her for dowry. There was demand of Rs.50,000/- and a motorcycle as additional dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 24.10.2024 have murdered her. He was given an information after which he along with his family members went there and found his daughter to be dead. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but he is not involved in the matter. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that the applicant has no criminal history as stated in para 39 and is in jail since
27.10.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband
of the deceased. It is submitted that the deceased died an unnatural death within seven years of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons. The bail application of the applicant be thus rejected. 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 demand of dowry, torture and harassment by the applicant and other co-accused persons. The deceased died unnaturally within seven years of marriage in her matrimonial house. 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. 9. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 18.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad