Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57539 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10157 of 2025 Applicant :- Dharmendra Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Vaishya Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Raj Kumar Vaishya, learned counsel for the applicant, Sri Triveni Saran Rai, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Dharmendra, seeking enlargement on bail during trial in connection with Case Crime No.734 of 2024, under Sections 80(2), 85, 351(2), 351(3), 352, 3(5) BNS, 2023 and Section 3/4 D.P. Act, registered at P.S. Faridpur, District Bareilly. 4. The first information report of the present matter was lodged on 19.9.2024 by Radhey Shyam against the applicant and five other persons alleging therein that the marriage of his daughter Lakshmi Devi was solemnized with Dharmendra (the applicant) four years ago. After marriage the accused persons used to torture & trouble her for dowry. There was demand of Rs.1 lakh and a motorcycle as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 11.9.2024 have murdered her. He was given an information after which he along with his family members 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. It is submitted that the applicant has no criminal history as stated in para 25 and is in jail since
6.1.2025. 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 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 viscera of the deceased was examined in which Aluminum Phosphide poison was found. 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 :- 18.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad