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Neutral Citation No. - 2025:AHC:65011 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9164 of 2025 Applicant :- Tapeshwar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Panday Counsel for Opposite Party :- Bindu Kumari,G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Ramesh Kumar Panday, learned counsel for the applicant, Ms. Bindu Kumari, learned counsel for the first informant and Sri V.D. Ojha, learned counsel 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- Tapeshwar, seeking enlargement on bail during trial in connection with Case Crime No. 61 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Rajpur, District Sonbhadra. 4. The first information report of the present matter was lodged on 27.05.2024 by Lalita Devi against the applicant and 04 other persons alleging therein that the marriage of her daughter Ragini was solemnized with Tapeshwar (the applicant) on
26.02.2024. After marriage the accused persons used to torture & trouble her for dowry. There was demand of an Apache motorcycle, a gold chain and Rs. One lakh as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 27.05.2024 have murdered her. Her daughter was having pregnancy of about two months. 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. While placing paragraph 23 of the affidavit it is submitted that the deceased was having a love affair with one Lavkush and was not wanting to marry the applicant but the marriage was a forced marriage which was the reason for her committing suicide. It is submitted that co-accused Smt. Urmila Devi the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 02.01.2025 passed in Criminal Misc. Bail Application No. 31005 of 2024, the copy of the said order is annexed as Annexure- 11 to the affidavit.
The applicant has no criminal history as stated in para 26 and is in jail since 13.06.2024. 6. Per contra, learned counsel for the first informant and 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 three months 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 trial in the matter is going on in which Smt. Lalita Devi the first informant and Lallu Ram have been examined as P.W.-1 & P.W.-2 respectively who have supported the prosecution case. It is submitted that apart from ligature mark the deceased was found to have received an abrasion over right side of chin and further she was also found to be having pregnancy. 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 three months of marriage in her matrimonial house. Apart from ligature mark the deceased was found to have received an abrasion over right side of chin and further she was also found to be having pregnancy. No ground for bail is made out. 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. Order Date :- 28.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad