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Neutral Citation No. - 2025:AHC:60104 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10362 of 2025 Applicant :- Salim Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Mahesh Kumar, learned counsel for the applicant, Sri V.D. Ojha, 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-Salim, seeking enlargement on bail during trial in connection with Case Crime No.84 of 2024, under Sections 498-A, 304(B) IPC and Section 3/4 D.P. Act, Police Station Paschim Sharia, District Kaushambi. 4. The first information report of the present matter was lodged on 24.4.2024 by Wajida against the applicant alleging therein that the marriage of her daughter Sabreen was solemnized with Saleem (the applicant) in May, 2021. After marriage the accused used to torture & trouble her for dowry. There was additional demand of a motorcycle and due to non-fulfillment of the same, he on 21.4.2024 has murdered her. She was given an information after which she along with her family members went there and found her 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 are general and omnibus in nature. It is submitted that the deceased and the applicant were leading a happy married life as is evident from the fact that a child was born from the wedlock. It is submitted that in the postmortem report cause of death of the deceased could not be ascertained and viscera was preserved. The deceased did not receive any bodily injury, however viscera report contain Aluminum Phosphide. The trial in the matter has started in which the first informant Wajida has been examined as P.W.1 and Sartaj Ahmad, the brother of the deceased
has been examined as P.W.2 before the trial court concerned and both of them have not supported the prosecution case and were declared hostile by the trial court concerned.
It is submitted that the applicant has no criminal history as stated in para 20 and is in jail since 23.7.2024. 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. 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. 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 at this stage. 9. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 22.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad