Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63989
Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8965 of 2025 Applicant :- Rohit Alias Balkishan Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Pratap Singh,Pragya Devi Counsel for Opposite Party :- G.A.,Rajendra Prasad Tiwari,Vineet Tiwari Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Gaurav Pratap Singh, learned counsel for the applicant, Sri Rajendra Prasad Tiwari, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant-Rohit @ Balkishan, seeking enlargement on bail during trial in connection with Case Crime No.75 of 2024, u/s 304-B, 498-A IPC and Section 3/4 D.P. Act, P.S. Lahchaura, District Jhansi. 4. The first information report of the present matter was lodged on 30.4.2024 by Smt. Shakuntala against the applicant and four other persons alleging therein that the marriage of her daughter Madhu was solemnized with Rohit (the applicant) on 18.2.2018. After marriage the accused persons used to torture & trouble her for dowry. There was additional demand of Rs.3 lakh as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 29.4.2024 have murdered her. The FIR be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but he is not involved in the matter. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that although five persons are named in the FIR but Roshni (nanad) and Raju (nandoi) have been exonerated during investigation whereas charge sheet has been submitted against applicant, Ratiram (father- in-law) and Smt. Anita (mother-in-law). It is submitted that the
deceased committed suicide and died. While placing para no.21 of the affidavit, it is submitted that the deceased was aggrieved because of something and on the date of incident she had argument with the mother of the applicant with respect to some daily household work and thereafter she had committed suicide by hanging herself with her saree.
It is submitted that the applicant has no criminal history as stated in para 26 and is in jail since
3.5.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. It is submitted that the deceased died an unnatural death within seven years of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons. It is submitted that the father of the applicant is a chaukidar at the police station. The inquest goes to show multiple injuries on the body of the deceased which were dark blue and black in colour and also swelling but for the reasons best known, the same have not been shown in the postmortem report. The bail application of the applicant be thus rejected. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. There is an allegation of demand of dowry, torture and harassment by the applicant and other co-accused persons. The deceased died unnaturally within seven years of marriage in her matrimonial house. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 25.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad