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Neutral Citation No. - 2025:AHC:56247 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12511 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Virpratap Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Virpratap Singh, learned counsel for the applicant and Sri Ram Prakash Shukla, 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- Akash, seeking enlargement on bail during trial in connection with Case Crime No. 119 of 2024, under Sections 115(2), 85, 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Kadaura, District Jalaun. 4. The first information report of the present matter was lodged on 15.07.2024 by Raj Kumar against the applicant and 05 other persons alleging therein that the marriage of his daughter Shalini was solemnized with Akash (the applicant) on
10.06.2021. After marriage the accused persons used to torture & trouble her for dowry. There was demand of Rs. 05 lakhs and a buffalo as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 15.07.2024 at 4 am hanged her daughter by tying saree in the clamp of fan and have murdered her. 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 15 of the affidavit it is submitted that the deceased used to talk to some other person on mobile daily and when the applicant opposed it, she committed suicide. It is submitted that the 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 there was never any demand of dowry either by the applicant or by his family members. It is submitted that the investigation in the matter has concluded and a charge-sheet has been submitted against the applicant and other co-accused persons.
The applicant has no criminal history as stated in para 20 and is in jail since 16.07.2024. 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 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 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. 9. Pending application (s), if any, shall stand disposed of. Order Date :- 17.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad