Neutral Citation No. - 2025:AHC:91027 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12346 of 2024 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sukhendu Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sukhendu Pal Singh, learned counsel for the applicant and Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. 3. This is second bail application of the applicant. The first bail application of the applicant was dismissed for non prosecution by this Court vide order dated 27.07.2023 passed in Criminal Misc. Bail Application No. 6011 of 2022 (Pradeep Kumar vs. State of U.P.). 4. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Pradeep Kumar, seeking enlargement on bail during trial in connection with Sessions Trial No. 542 of 2021 (State Vs. Pradeep) arising out of Case Crime No. 305 of 2020, under Section 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Etmadpur, District Agra. 5. The first information report of the present matter was lodged on 24.11.2020 by Manvendra Singh against the applicant, Poonam Devi and Geeta alleging therein that the marriage of his sister Phoolmala was solemnized with the applicant in April 2017 in which he had as per his status spent around Rs. Five lakhs. The accused persons were not satisfied with dowry and used to torture and harass his sister but his family members used to console her that things would become right after sometime. The attitude of the in-laws of Phoolmala did not improve. On 24.11.2020 he received an information that his sister has been murdered by the accused persons by pressing her neck with a danda. All the accused persons have left her and ran away. He reached there and found his sister lying dead in a hut. A report be lodged and action be taken. 6. The postmortem examination report of the deceased Phoolmala was conducted in which the doctor found a ligature mark on her body, two contusions and one multiple abrasion and the cause of death was opined as asphyxia as a result of antemortem hanging. 7. 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 in the trial doctor Piyush Agarwal P.W.-5 has been examined who in his cross-examination has stated that it is possible that the injuries received by the deceased could have been caused by suicide also. It is submitted that as such the medical opinion goes to show that the deceased has committed suicide, the copy of the said statement has been placed before the Court which is annexed as Annexure- S.A.-2 to the supplementary affidavit dated 06.01.2025. Further while placing the statement of Manvendra Singh the first informant as P.W.-1 that there was some suspicion by the deceased that the applicant was having some illicit relationship with his sister-in-law. It is submitted that the present case is thus the case of suicide. The applicant has no criminal history as stated in para 58 and is in jail since 01.01.2021. 8. 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. It is submitted that the trial is at an advanced stage it would be apparent from the fact that five prosecution witnesses have been examined wherein the doctor has been examined as P.W.-5. It is submitted that there are three other bodily injuries found by the doctor on the body of the deceased while conducting postmortem examination for which there is no explanation at all. It is submitted that the prayer for bail be rejected. 9. 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. Apart from ligature mark three other bodily injuries were found by the doctor on the body of the deceased. 10. 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. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 28.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad