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Neutral Citation No. - 2025:AHC:55408 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12407 of 2025 Applicant :- Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Rajeev Kumar, 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 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Jitendra, seeking enlargement on bail during trial in connection with Case Crime No. 85 of 2024, under Sections 498- A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Erach, District Jhansi. 4. The first information report of the present matter was lodged on 01.07.2024 by Gorelal against the applicant and 06 other persons alleging therein that the marriage of his daughter Sangeeta was solemnized with Jitendra (the applicant) on 18.06.2018. After marriage the accused persons used to torture & trouble her for dowry. There was demand of a Pulsar motorcycle and Rs. one lakh as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 30.06.2024 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. While placing paragraph 18 of the affidavit it is submitted that the deceased was not willing to live at her matrimonial house and created pressure upon the applicant to live separately in her parental house which was refused by him and she got annoyed and there were quarrel between them. While placing paragraph 23 of the affidavit it is submitted that there was never any demand of dowry either by the applicant or by his family members. The applicant has no criminal history as stated in para 26 and is in jail since 21.08.2024.
It is argued that co-accused Smt. Harkuwar the mother-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 11.12.2024 passed in Criminal Misc. Bail Application No. 43510 of 2024, the copy of the said order is annexed as Annexure-8 to the affidavit. 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 :- 16.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad