Neutral Citation No. - 2025:AHC:61213 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13159 of 2025 Applicant :- Jitendra @ Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Arvind Kumar, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-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- Jitendra @ Ajay Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 147 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Indargarh, District Kannauj. 4. The first information report of the present matter was lodged on 28.05.2024 by Balwan Singh against the applicant and 05 other persons of which Ajendra Singh is the scribe alleging therein that the marriage of his daughter Saumya was solemnized with Jitendra (the applicant) on 03.05.2023 in which he had given gifts, jewellery but the accused persons were not satisfied with it and there was demand of a plot and a four wheeler vehicle due to which the accused persons used to torture & harass his daughter. On 27.05.2024 his daughter called him on phone and told him that the accused persons are assaulting her and are planning to murder her and suddenly Jitendra came there and while abusing her disconnected the phone. At about 2 am he received an information through his nephew Adarsh that Saumya has died. He and other persons went to the place of occurrence and found the body of his daughter lying on the bed. 5. Learned counsel for the applicant argued 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 information regarding death of the deceased was given by the applicant on which the inquest was conducted in which the father and other family members of the deceased were present. While placing paragraph 19 of the affidavit it is submitted that the deceased was living in depression after marriage due to which she hung herself and committed suicide. It is argued that co-accused Sukhlal Singh the father-in-law and Smt. Vidyawati the mother-in-law of the deceased have been granted bail by a co-ordinate Bench of this Court vide orders dated 17.10.2024 and 22.10.2024 passed in Criminal Misc. Bail Application Nos. 34814 of 2024 and 38545 of 2024, the copy of the said orders are annexed as Annexure-11 to the affidavit. It is submitted that trial in the matter is going on in which Head Constable Khalil Ahmad who transcribed the chik first information report has been examined as P.W.-1, Dr. Surendra Kumar Chaudhary who conducted the postmortem examination has been examined as P.W.-2 and Balwan Singh the first informant has been examined as P.W.-3 wherein the first informant did not support the prosecution case and has been declared hostile, paragraph 25 and Annexures-12 to 14 of the affidavit have been placed before the Court. The applicant has no criminal history as stated in para 27 and is in jail since 22.06.2024. 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 01 year & 25 days 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 postmortem examination report of the deceased also shows a contusion present on her right side of the face which is an antemortem injury. It is submitted that trial in the present matter is going on in which three witnesses have been examined. It is submitted that in so far as co-accused who have been granted bail are concerned, they are the father-in-law and mother-in-law of the deceased and since the applicant is the husband of the deceased his case is distinguishable with that of the said co-accused. It is submitted that in so far as the appreciation of the statement of P.W.-3 the first informant is concerned, the same is for the trial court to do at the appropriate stage. It is submitted that since trial is under progress, release of the applicant at this stage may have an adverse effect in the trial. 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 within 01 year & 25 days of marriage in her matrimonial house. Co-accused who have been granted bail are the father-in-law and mother-in-law of the deceased and as such their case is distinguishable with that of the the applicant who is the husband of the deceased. The trial in the matter is going on and release of the applicant at this stage may have an adverse effect in the trial. 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 :- 23.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad