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Neutral Citation No. - 2025:AHC:62716 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8663 of 2025 Applicant :- Rohit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Dheerendra Kumar Srivastava,Sameer Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Sameer Srivastava, learned counsel for the applicant, Sri V.D. Ojha, learned A.G.A. for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Rohit Sharma, seeking enlargement on bail during trial in connection with Case Crime No. 576 of 2023, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Ghugli, District- Maharajganj. 4. The F.I.R. of the matter was lodged on 16.12.2023 by Deepak Sharma against the applicant and four other accused persons alleging therein that marriage of his sister Neerad was solemnized with the applicant on 02.5.2023. Some days after marriage, the accused persons demanded a four wheeler car from the deceased and due to non-fulfillment of the same, started torturing her physically and mentally. They used to abuse and assault her. On 16.12.2023 in the morning the accused persons pressed her neck and murdered her. When the informant went to her house he found her to be dead and also saw mark of injury on her neck. 5. Learned counsel for the applicant submitted that although the applicant is husband of the deceased but he has been falsely implicated in the present case. It is submitted that two named co- accused persons namely Bhabhi of Rohit and elder son of sister of Rohit have been exonerated by the police during investigation. It is submitted that previously there was no complaint whatsoever regarding demand of dowry or harassment either by the applicant or the co-accused persons and it was only when the F.I.R. was lodged, the same has been mentioned for the first time. It is submitted that investigation in the matter has concluded and
charge sheet has been submitted, para-22 has been placed before the Court for the same. It is submitted that the applicant is a labourer and when he came back from work, he found his wife to be dead and the deceased committed suicide and died.
It is submitted that in the post mortem report one ligature mark was found on the body of the deceased and cause of death was opined as asphyxia due to ante mortem hanging. It is submitted that the applicant is having no criminal history as stated in para-21 of the affidavit and is in jail since 17.12.2023. 6. Per contra, learned AGA opposed the prayer for bail and submitted that the applicant is husband of the deceased. It is submitted that the deceased died within 8 months of marriage in her matrimonial house and there is allegation of demand of dowry by the applicant and the other co-accused. It is submitted that death is unnatural. It is submitted that there is no version of the applicant by way of discharging of burden as to why the deceased committed suicide in her matrimonial house. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is husband of the deceased. The applicant is named in the F.I.R. and there are allegations against him of demand of dowry and torture. The deceased died within 8 months of marriage in her matrimonial house. The death is unnatural. 8. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 23.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad