Neutral Citation No. - 2025:AHC:101134 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19796 of 2023 Applicant :- Ram Babu Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Srivastava,Rajesh Kumar Tiwari,Rajesh Nigam,Shivajee Srivastava,Vijay Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shivajee Srivastava, learned counsel for applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.549 of 2021, under Sections 498A, 304B, 323 IPC and 3/4 D.P. Act, Police Station Kareli, District Prayagraj with the prayer to enlarge him on bail. 4. As per prosecution story, the informant/deceased is stated to have entered into second marriage with the applicant who had also remarried with her on 05.02.2018 as per Hindu Rites. 5. On 15.07.2021, the applicant is stated to have assaulted the deceased by tying her with a rope causing grievous injuries to her. The deceased is stated to have gone to the police station on 16.07.2021 and instituted the FIR at about 2:35 p.m. She was admitted and taken to hospital, whereupon during treatment, she succumbed to her injuries. 6. Learned counsel for the applicant has stated that it is a clear-cut case of false implication. The statement of the doctor who had conducted the autopsy of the deceased person indicates that the injuries could have been caused one day prior to the date of her autopsy and the same was taken on 27.07.2021, as such, it does not match with the date of occurrence i.e. 15.07.2021. 7. Learned counsel for the applicant has placed much reliance on the statement of another doctor who had medically examined the deceased after the incident and has stated that she had found the fetus of the deceased normal and had found direction of the fetus on the opposite. Learned counsel has further stated that the applicant is languishing in jail since 16.07.2021, as such, he is incarcerated for about four years and his fundamental rights enshrined under Article 21 of the Constitution of India stand violated. 8. Learned counsel for the applicant has also stated that there is no likelihood of early conclusion of trial in near future as three more witnesses are to be examined. There is no criminal history of the applicant. He is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the victim/deceased had instituted the FIR and the applicant is the only accused nominated in it and the author of the injuries sustained by the deceased person. 10. Learned A.G.A. has further stated that the deceased was in advanced stage of pregnancy and her uterus was found ruptured and the female fetus in her womb had expired. The said fact stands fortified from the autopsy report. The crime is of highest degree and mental depravity. The FIR itself tentamounts to dying declaration as the deceased has succumbed to the injuries sustained subsequently. Even her statement recorded under Section 161 Cr.P.C. also falls within the category of Section 32 of Indian Evidence Act, as such, the applicant is not entitled for bail. 11. After hearing learned counsel for the parties and taking into consideration the facts that the deceased herself had instituted the FIR and had particularly allayed the allegations against the applicant in it and the injury report and the autopsy corroborate the prosecution story coupled with the fact that the inconsistencies in the statements referred by the learned counsel during cross- examination of formal witnesses do not shake the basic version of the prosecution allegations, as such, I do not find it a fit case for grant of bail to the applicant. 12. The bail application is found devoid of merits and is, accordingly, rejected. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 1.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad