Neutral Citation No. - 2025:AHC:56581 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10022 of 2025 Applicant :- Rahul Alias Ram Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Sheetal Prasad Chakravorty Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shiv Kumar Yadav holding brief of Sri Sheetal Prasad Chakravorty, 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 of BNSS has been filed by the applicant- Rahul alias Ram Narayan, seeking enlargement on bail during trial in connection with Sessions Case No.598 of 2022 (State Vs. Rahul @ Ram Narayan and others), Case Crime No.223 of 2020, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, registered at Police Station Saadh, District Kanpur Nagar. 4. The FIR of the matter was lodged on 19.9.2020 by Ajay Singh against the applicant and six other persons alleging therein that the marriage of his sister Reena was solemnized with the applicant on 26.6.2020. After some days of marriage the accused persons demanded Rs.1 lakh cash and a gold chain as dowry and used to pressurize her. The accused persons then had a fight with her on 14.9.2020 in the afternoon regarding which he received an information and it was told to him that she has been assaulted by iron rod, lathi and danda by the accused persons. Subsequently on 17.9.2020 at about 7 p.m. she died while being under treatment. 5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is argued that the deceased died on 17.9.2020 while being under treatment at Vedanta Hospital, Kanpur. It is argued that the applicant duly took care of the deceased while being under treatment at various hospitals. The present incident occurred when the deceased was being tried to be transported on a stretcher from which she fell down and received injuries. It is argued that the allegation regarding demand of dowry is false and incorrect. It is argued that trial in the present matter has started in which part of the statement of P.W.1 Ajay Singh, the first informant has been recorded after which he has not appeared before the Court and bailable warrant has been issued against him. Co-accused Smt. Kamla Devi (mother-in-law), Radheyshyam Kushwaha (father-in-law), Govind (devar) and Neeraj (devar) have been granted bail by coordinate Benches of this Court vide orders dated 26.7.2022, 13.10.2022, 27.4.2024, 24.10.2024 passed in Criminal Misc. Bail Application Nos.22973 of 2022, 24453 of 2022, 16368 of 2024, 34254 of 2024, copies of the said orders are annexed as Annexure Nos.16, 17, 18 and 19 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 34 of the affidavit and is in jail since 19.9.2020. 6. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. The deceased died within three months of marriage in her matrimonial house. It is argued that postmortem examination of the deceased goes to show that she has received seven injuries on her person and in four injuries, hematoma was present. The deceased was found to be having pregnancy also. It is argued that the cause of death as opined by the doctor is coma as a result of ante-mortem head injury. The death of the deceased is unnatural and there is an allegation against the applicant and other co-accused persons of demand of dowry and assault, torture and harassment of the deceased and the postmortem report of the deceased corroborates with the prosecution story. In so far as the co-accused persons who have been granted bail are concerned, their cases stand on a different footing since they are family members of the husband, as such bail application of the applicant be rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. The deceased died within three months of marriage in her matrimonial house. The death is unnatural as seven injuries were found on the body of the deceased as per postmortem report. The deceased was found to be having pregnancy also. The cause of death as opined by the doctor is coma as a result of ante-mortem head injury. There is an allegation against the applicant of demand of dowry and assault, torture and harassment of the deceased. The co-accused persons who have been granted bail are family members of the applicant. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 17.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad