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2025 DAILYLAW 39339 (ALL)

NAND KISHOR v. STATE OF U.P.

BAIL/11894/2025 · 2025-05-01

Samit Gopal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:69987 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11894 of 2025 Applicant :- Nand Kishor Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- Dinesh Kumar,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Dr. Arun Srivastav, learned counsel for the applicant, Sri Dinesh Kumar, learned counsel for the first informant and Sri Birendra Pratap Singh, 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- Nand Kishor, seeking enlargement on bail during trial in connection with Case Crime No. 269 of 2024, under Sections 85, 80(2) BNS and 3/4 D.P. Act, Police Station Gajraula, District Pilibhit. 4. The FIR of the matter was lodged on 19.08.2024 by Nemchandra against four persons including the applicant and one unnamed brother-in-law (bahnoi) alleging therein that the marriage of his daughter Hemlata was solemnized with Nand Kishore (the applicant) one year ago according to Hindu rites and rituals. He had given all gifts and dowry. Just after marriage, the accused persons used to torture & trouble her for dowry. On 19.08.2024 at about 07:00 he received an information that his daughter has died in suspicious circumstances. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted 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 in the FIR against the applicant and other co-accused persons are general and omnibus in nature. While placing paragraph 7 of the affidavit it is submitted that the deceased was a short tempered lady and she makes quarrel with her-in-laws, therefore her-in-law left his ancestral house and started living separately in government colony and then she used to quarrel with her husband regularly which was the reason for her committing suicide. It is further submitted that postmortem report shows the death of the deceased is asphyxia due to antemortem hanging. It is submitted that the applicant in jail since 21.08.2024. 6. Per contra, learned counsel for the State and learned counsel for the first informant 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 one year of marriage in her matrimonial house and there is an allegation of demand of dowry, torture and assault against the applicant and other co-accused persons. It is submitted that the bail of the applicant be 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 and he is named in the FIR. There is an allegation of demand of dowry, torture, assault and harassment by the applicant and other co-accused persons. The deceased died within one year of marriage in her matrimonial house. No ground for bail is made out. 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 :- 2.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad