Neutral Citation No. - 2025:AHC:79893 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11992 of 2025 Applicant :- Satish Kuamr Saini Opposite Party :- State of U.P. Counsel for Applicant :- Ram Shyam Shanker Pandey,Subodh Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Subodh Pandey, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 11.04.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Satish Kuamr Saini, seeking enlargement on bail during trial in connection with Case Crime No. 415 of 2024, under Section 85, 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Kanth, District Moradabad. 5. The first information report of the present matter was lodged on 23.10.2024 by Pooran Singh against the applicant only with the allegation that his daughter Aadesh was married to the applicant on 19.05.2020 After marriage the accused used to torture and trouble her for dowry. In the meantime, two children were born from the wedlock but the demand was not stopped. He received an information on 23.10.2024 at about 8 am that his daughter has died. He reached the place of occurrence and found her dead body kept in the courtyard. His report be lodged and action be taken. 6. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the allegations of torture and demand of dowry are false and incorrect in as much as the fact that two children were born from the wedlock of the applicant and the deceased would go to show that they were leading a happy married life. While placing paragraph 12 of the affidavit it is submitted that the fact that a single person could hang another adult is impossible. It is submitted that there was never any demand of dowry. While placing paragraph 16 of the affidavit it is submitted that the deceased was a short-tempered woman and used to get upset on petty matters and since the applicant was working outside and his company had offered to send him outside which he had disclosed with the deceased she was upset and she committed suicide. It is submitted while placing paragraph 24 of the affidavit that the investigation in the matter has concluded and charge-sheet has been submitted and as such there are no chances of the applicant tampering with evidence. The applicant has no criminal history as stated in para 23 and is in jail since 24.10.2024. 7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the sole accused named in the first information report and there is role assigned to him. It is submitted that the postmortem examination shows that the deceased was found to have received a ligature mark on her neck and two contusions which have not been explained at all. It is submitted that one contusion was on the right lateral side of right forehead extending downwards and red colour clotted blood was seen whereas the other contusion on the right upper eye lid also red colour clotted blood was seen which would go to show that she was assaulted soon before her death. It is submitted that the cause of death is asphyxia as a result of antemortem hanging but the two contusions go to show that they are also serious injuries and caused by assault. It is submitted that the prayer for bail be rejected. 8. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. The applicant is the sole accused named in the first information report and allegations are levelled against him. The deceased was found to have received the following injuries on her person:- "1. A LIGATURE MARK 27cm X 01cm PRESENT ON ALL AROUND THE NECK WITH THE GAP OF 05cm PRESENT ON BACK OF NECK, OBLIQUELY PLACED ON THE LEFT SIDE OF NECK, 06cm BELOW RIGHT EAR, 04cm BELOW CHIN, 03cm BELOW LEFT EAR, BASE OF GROOVE IS BROWN, HARD AND PARCHMENT LIKE. ON DISSECTION, SUBCUTANEOUS TISSUE UNDERNEATH LIGATURE MARK IS WHITE HARD AND GLISTENING. 2. A CONTUSION OF SIZE 14cm X 06cm PRESENT ON LATERAL SIDE OF RIGHT FOREHEAD EXTENDING DOWNWARDS IN FRONT OF RIGHT EAR TILL RIGHT ANGLE OF JAW. ON DISSECTION, RED COLOR CLOTTED BLOOD SEEN. 3. A CONTUSION OF SIZE 02cm X 01cm PRESENT ON RIGHT UPPER EYE LID (LATERAL SIDE). ON DISSECTION, RED COLOR CLOTTED BLOOD SEEN." 9. In so far as the two contusions on her body are concerned, the same also were found to have contained clotted blood which would go to show that they are as a result of assault. The deceased died unnaturally within seven years of marriage in her matrimonial house. There is an allegation of demand of dowry, torture and harassment by the applicant. 10. 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. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 15.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad