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Neutral Citation No. - 2025:AHC:116794 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19575 of 2025 Applicant :- Rahul @ Chhotu Pal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Ajay Pandey, learned counsel for applicant, Sri Shiv Babu, learned counsel for the informant and Sri R.P. Patel, learned State Law Officer. 3. The present bail application has been filed by the applicant in Case Crime No.88 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station- Kaushambi, District- Kaushambi with the prayer to enlarge him on bail. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 28.11.2023, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of a motorcycle and Rs.2 lakh as additional dowry, thereby leading her to death on 10.11.2024 at 05:00 p.m.
5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about twenty hours and there is no explanation of the said delay caused. The applicant was present at the time of inquest proceedings, as such, he has nothing to do with the said offence. 6. Learned counsel for the applicant has further stated that the deceased had committed suicide and the cause of death was asphyxia as a result of antemortem hanging. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 13.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the applicant is the main accused person being the husband of the deceased. The inquest proceedings have been taken up after the institution of FIR. The provisions of Section 194 B.N.S.S. do not require to mention about the offence in it. The only requirement U/s 194 B.N.S.S. is to ascertain as to whether the death is accidental, homicidal or suicidal only. As such, the applicant is not entitled for bail. 8.
After hearing learned counsel for the parties and taking into
consideration the fact that FIR is prompt and the deceased had expired within the precincts of house of the applicant and the cause of death was asphyxia as a result of antemortem hanging, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 18.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad