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Neutral Citation No. - 2025:AHC:86784 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12266 of 2025 Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Anand Mohan Pandey,Dharmendra Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Srivastava Hon'ble Sameer Jain,J.
1. Case called out in revised list. None present on behalf of the informant.
2. Heard Sri Anand Mohan Pandey, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.
3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 14 of 2024, under Sections 498A, 304B, 302, 201 IPC and Section 3/4 D.P. Act, Police Station Tajganj, District Agra during pendency of the trial.
4. Learned counsel for the applicant submits, however, applicant is husband of the deceased and as per allegation he along with his family members committed the murder of his wife but entire allegation leveled against the applicant is totally false.
5. He further submits, marriage of the applicant was solemnized with the deceased before six months, therefore, there was no occasion for him to commit her murder.
6. He further submits, except the bald and verbal allegation of commission of murder of deceased there is no cogent evidence in this regard against the applicant on record.
7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.01.2024 i.e. for almost one and half years.
8. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and his wife died due to throttling in her matrimonial home within six months of her marriage and post mortem report suggests that she also
sustained multiple abrasions and applicant failed to explain the homicidal death of his wife, therefore, considering the totality of
facts and circumstances of the case, applicant should not be released on bail.
9. I have heard learned counsel for the parties and perused the record of the case.
10. As per allegation marriage of the applicant was solemnized with the deceased about six months before but after marriage applicant and his family members used to torture her for demand of dowry and ultimately committed her murder.
11. Post mortem report of the deceased also suggests, deceased died due to throttling and she also sustained number of abrasions, however, learned counsel for the applicant tried to convince the Court that applicant is innocent but from the entire material available on record it reflects, applicant, who was husband of the deceased, failed to explain the homicidal death of his wife, who died in his home.
12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail.
13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected.
14. 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 :- 22.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad