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2025 DAILYLAW 33535 (ALL)

AKHILESH KUMAR v. STATE OF U.P.

BAIL/10081/2025 · 2025-04-30

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68557 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10081 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Prabhakar Singh, 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 483 of B.N.S.S., 2023 has been filed by the applicant-Akhilesh Kumar, seeking enlargement on bail during trial in connection with Case Crime No.159 of 2024, under Sections 80(2), 85 of BNS and Section 3/4 D.P Act, Police Station Malwan, District Fatehpur. 4. The first information report of the present matter was lodged on 2.8.2024 by Umashankar against the applicant (husband) and three other persons alleging therein that the marriage of his daughter Priyanka was solemnized with Akhilesh (the applicant) in the year 2021. After marriage the accused persons used to torture & trouble her for dowry. There was additional demand of Rs.1 lakh and a motorycle by the accused persons and due to non-fulfillment of the same, the accused persons on 21.7.2024 have murdered her. He was given an information after which he went there and found his daughter to be dead. A report 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 the applicant has no criminal history as stated in para 36 and is in jail since 5.8.2024. 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. The postmortem examination report of the deceased apart from the ligature mark, the deceased was found to have received two abrasions also on her body and the cause of death is opined as asphyxia as a result of antemortem hanging. 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 :- 1.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad