Neutral Citation No. - 2025:AHC:42805 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9627 of 2025 Applicant :- Kamal Kishor Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rafiqa Anees Khan Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Rafiqa Anees Khan learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Kamal Kishor Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 131 of 2023, under Sections 498- A, 304-B IPC and 3/4 D.P. Act, registered at P.S. Paschim Sharira, District Kaushambi. 4. The FIR of the matter was lodged on 12.06.2023 by Babu Lal Yadav against the applicant only alleging therein that his daughter Neeta Devi was married to the applicant in the year 2020 in which he had given gifts and dowry as per status. After marriage the applicant started torture and assaulted her for dowry. He was counselled many times but he did not mend his ways. In the night 11/12.06.2023 his daughter was assaulted who jumped in a well near the house. Her body was found in the well. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the deceased committed suicide by jumping in the well. It is submitted that the trial in the matter is going on in which three witnesses namely Babu Lal Yadav/PW-1, Munni Devi/PW-2 and Shyam Lal/PW-3 have been examined, the said statements have been placed before the Court which is annexure 6 to the affidavit. It is submitted that there are contradictions in the said statements with each other. It is submitted that the cause of death of the deceased was opined as asphyxia due to antemortem drowning. It is submitted that there was never any demand of dowry and he has never abated for committing suicide, para 23 of the affidavit has been placed before the Court. The applicant has no concern with the death of his wife. It is submitted that the applicant has no criminal history as stated in para 5 of the affidavit and is in jail since 14.06.2023. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. There is allegations of demand of dowry against the applicant. It is submitted that the cause of death of the deceased was opined as asphyxia due to antemortem drowning and as such the death is unnatural. It is submitted that the applicant is the sole accused in the present matter. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. The cause of death is asphyxia as a result of antemortem drowning. The trial in the present matter is going on in which three prosecution witnesses have been examined who have supported the prosecution case. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 24.3.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad