Neutral Citation No. - 2025:AHC:120976 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7998 of 2025 Applicant :- Prashant Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Gajendra Singh Chauhan,Shikher Trivedi Counsel for Opposite Party :- Santosh Kumar Shukla,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Shikhar Trivedi, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State and Shri Kishor Datt Awasthi, learned counsel, who has put in appearance on behalf of the first information in opposition to the Bail plea and perused the records. 2. The instant bail application under section 483 of the BNSS 2023 at the instance of the applicant Prashant Awasthi has been filed seeking enlargement on bail in case crime No. 0015 of 2024, under Sections 498 323, 504, 307 342 I.P.C. and Section 3 and 4 of Dowry Prohibition Act 1961 during the pendency of the trial in the Court below. The bail application of the applicant in the Court below was rejected by Additional District and Sessions Judge FTC-1 Auraiya, vide order dated 13.11.2024 and the applicant is languishing in jail since 05.07.2024. 3. Learned counsel for the applicant vehemently submits that the applicant is entirely innocent and has been falsely roped in this very case Crime number for ulterior motives. Learned counsel for the applicant has argued that it is a case of suicide. Learned counsel for the applicant submits that after registering the alleged FIR a settlement was arrived at between the complainant and the accused persons and thereafter the complainant deceased went to Ayodhya with the applicant (husband). After a few months she committed suicide. Learned Counsel submits that the deceased complainant had refused to get herself medically examined nor got her statement under section 161 Cr.P.C recorded which fact was noticed by the Investigating Officer during the investigation. However subsequently on 07.06.2024, she got her statement recorded under section 161 Cr.P.C. and stated that there were initially some differences with her in laws which has been resolved and that she is now residing in Ayodhya with her husband (applicant) and that she will withdraw the case. The father in law and mother in law of the first informant have already been released on bail by this Court vide order dated 23.01.2025 passed in Criminal Miscellaneous Bail Application No. 40831 of 2024 and vide dated 23.01.2025 passed in Criminal Miscellaneous Bail Application No. 40796 of 2024. Learned Counsel for the applicant further submits that charge sheet has already been filed and the custodial investigation of the applicant is no longer required. The applicant undertakes to cooperate with the investigation and abide by the conditions imposed for releasing him on bail. Hence prayer for bail has been made. 4. Per Contra learned AGA as well as the learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that applicant used to beat the first informant/victim and tortured her mentally and physically and killed her for dowry. The charge sheet against the applicant has been submitted against applicant under Sections 498-A, 323, 504, 307 342 I.P.C. A case being Case Crime No. 25 of 2024 under Sections 304-B and 498- A I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961 at Police Station Kotwali Ayodhya, District Faizabad has also been lodged against the applicant and he has not been bailed out in the same. The medical evidence is against the applicant. There is every possibility of the applicant to intimidate the witnesses, destroy the evidence and even abscond. It is accordingly prayed that the bail application of the applicant warrants rejection. 5. Having heard learned counsel for the parties and having perused the records particularly the medico legal report, the injuries reported in the postmortem report of the deceased, the subsequent lodging of the Case Crime No. 325 of 2024 under Sections 304-B, 498-A I.P.C. and Section 3/4 of D.P. Act at Police Station Kotwali, District Faizabad, and also considering the nature of the acquisitions, severity of the punishment in the case and conviction and nature of supporting evidence, reasonable apprehension of tempering with the witnesses, the Court is not inclined to release the applicant on bail. 6. Accordingly, the bail application stands rejected. 6. Accordingly, the bail application stands rejected. Order Date :- 29.5.2025 pks/sachin Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad