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2025 DAILYLAW 41353 (ALL)

SUNNY @ SANEET v. State of U.P.

BAIL/12073/2024 · 2025-01-07

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:4245 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12073 of 2024 Applicant :- Sunny @ Saneet Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Afzal,Satya Narayan Gupta,Shivangi Singh Counsel for Opposite Party :- G.A.,Sudhanshu Kumar Singh Hon'ble Samit Gopal,J. 1. Heard Sri Sanjay Mishra, Advocate holding brief of Sri Satya Narayan Yadav, learned counsel for the applicant, Sudhanshu Kumar Singh, learned counsel for the first informant and Sri Devendra Nath Mishra, learned counsel for the State and perused the record. 2. The present application under Section 439 Cr.P.C. has been filed by the applicant Sunny @ Saneet with a prayer to release him on bail in Case Crime No. 247 of 2023, under Sections 498-A and 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Khairgarh, District Firozabad, during the pendency of trial. 3. The first information report of the matter was lodged on 13.08.2023 by Ravi Kumar against the applicant and three other persons with the allegation that his sister Rita @ Rangoli was married to the applicant for which he had taken loan and given gift, dowry and cash. He had promised to give a motorcycle but could not give it due to his bad financial condition. Due to the said reason, the accused persons were pressuring his sister for the same and also were demanding Rs. 2 lakhs as dowry. On 13.08.2023, he received an information that the accused persons have murdered his sister on which he went to the place of occurrence. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the deceased committed suicide and died. It is submitted that the trial in the mater is going on in which Ravindra Kumar @ Ravi was examined as P.W.-1, who has stated that the deceased was ill and was being treated by her in-laws due to which she committed suicide and died. It is submitted that in the trial court only four witnesses have been examined. It is further submitted that the death of the deceased is thus due to suicide committed by her. It is further submitted that co-accused Meera Devi has been granted bail by this Court vide order dated 11.12.2023 passed in Criminal Misc. Bail Application No. 51567 of 2023, copy of the order has been placed before this Court which are annexed as Annexure- S.A.-1 to the second supplementary affidavit. It is further submitted that the applicant has no criminal history and he is in jail since 30.08.2023. 5. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died after 38 months of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other accused persons. The death of the deceased is unnatural. The bail application of the applicant be thus, rejected. 6. After having heard the learned counsels for the parties and perusing the records, it is evident that the applicant is the husband of the deceased. The deceased died in her matrimonial house within 4 years of her marriage and her death is unnatural. There is an allegation of demand of dowry against the applicant. The trial in the matter is going on in which four witnesses have been examined. 7. The deceased died in her matrimonial house within two years of her marriage. The death is unnatural. There is no plausible explanation coming from the side of applicant regarding the death of his wife. The cause of death of the deceased is hanging. The trial is under progress in which four witnesses have been examined. The release of the applicant at this stage may have adverse effect, no ground for bail is made out to entertain the present bail application. 8. The second bail application is rejected. (Samit Gopal,J.) Order Date :- 8.1.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad