Neutral Citation No. - 2025:AHC:62322 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10422 of 2025 Applicant :- Sunil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Srivastava,Udeesha Brajvanshi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pavan Kumar Srivastava, learned counsel for the applicant, Sri Vishal Jaiswal, learned counsel for the first informant, Sri V.D. Ojha, learned A.G.A. for the State and perused the material on record. 3. Despite name of Sri Vishal Jaiswal being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sunil Yadav, seeking enlargement on bail during trial in connection with Case Crime No.96 of 2024, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, 1961, registered at P.S. Chiraiyakot, District Mau. 5. The F.I.R. of the matter was lodged on 26.6.2024 by Abhishek Yadav against the applicant and two other accused persons with the allegation that marriage of his elder sister Pankaj Yadav was solemnized with Sunil Yadav(the applicant) on 20.11.2021. After marriage the accused persons used to torture and harass her mentally and demanded a bullet vehicle as dowry and due to non fulfillment of the same the accused persons assaulted her and threw her out of the house. After a lot of convincing the accused persons took his sister back to the house. She gave birth to a girl child who is aged about 11 months. Torture and harassment of the deceased continued after which the deceased came to her maternal house house and told the informant about demand of dowry, after which she was consoled and sent back on 20.6.2024. On 24.06.2024 the accused persons murdered his sister. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the deceased committed suicide by consuming poison. It is submitted that the post mortem report does not find any bodily injuries on the body of the deceased and cause of death could not be ascertained and viscera was preserved which, after investigation, was found to have contained "Organophosphorus Insectiside Poison". It is submitted that the deceased in unwell condition was taken to Dr. P.N. Mishra at his house who found the deceased to be dead and has stated in his certificate dated 27.6.2024 that she appears to be grossly anemic person. It is submitted that as such the deceased was unwell and died, the said certificate has been placed before the Court which is annexure no. 7 to the affidavit. It is submitted that the applicant is having no criminal history as stated in para-28 and is in jail since 17.10.2024. 7. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail and submitted that the applicant is husband of the deceased. There is allegation of demand of dowry and torture and harassment of the deceased. It is submitted that in so far as the said certificate of Dr. P.N. Mishra is concerned, the same is a totally bogus certificate inasmuch as the doctor states that she was found dead but still states that she was anemic which cannot be diagnosed at that stage. It is submitted that the death of the deceased is unnatural and the deceased died in her matrimonial house within 07 years of marriage. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is husband of the deceased. After examination the viscera was found to have contained "Organophosphorus Insectiside Poison" in it. There is allegation of demand of dowry and torture and harassment of the deceased. The death is unnatural. The deceased died in her matrimonial house within 07 years of marriage. 9. 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. 10. 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