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Neutral Citation No. - 2025:AHC:56261 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12565 of 2025 Applicant :- Nilesh Alias Kiran Yashwant Opposite Party :- State of U.P. Counsel for Applicant :- Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Harish Chandra Mishra, learned counsel for the applicant and Sri Bade Lal Bind, 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- Nilesh @ Kiran Yashwant, seeking enlargement on bail during trial in connection with Case Crime No. 159 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Jhansi. 4. The first information report of the present matter was lodged on 06.05.2022 by Arjdar Machchhindra Pandur against the applicant and 05 other persons alleging therein that the marriage of his daughter Pooja @ Kalpana was solemnized with Nilesh @ Kiran Yashwant Surayavanshi (the applicant) on 30.12.2018. After marriage the accused persons used to torture & harass her for dowry. There was demand of money and gold as dowry by the accused persons and due to non- fulfillment of the same, the accused persons on 03.05.2022 have murdered her. He was given an information after which he went there and found his daughter to be dead. 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 22 of the affidavit it is submitted that the deceased gave birth to a son aged about 04 years & 06 months after which she became very weak, she fell ill due to Dengue and was suffering from headache due to which she was under depression and in the evening on 03.05.2022 she committed suicide. It is submitted that there was never any demand of dowry either by the applicant or by his family members.
It is submitted that co- accused Smt. Shalan Yashwant Suryawansi the mother-in-law and Yashwant Bhau the father-in-law of the deceased have been granted bail by this Court vide order dated 10.04.2025 passed in Criminal Misc. Bail Application No. 6322 of 2022, the
copy of the said order has been produced before the Court which is taken on record. It is submitted that charge-sheet in the matter has been submitted and there are 13 witness mentioned in it and as such the trial will take time and the applicant be released on bail, paragraph 30 has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 29 and is in jail since
06.03.2025. 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 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. 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 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. Order Date :- 17.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad