Neutral Citation No. - 2025:AHC:59469 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12982 of 2025 Applicant :- Sahendra Opposite Party :- State of U.P. Counsel for Applicant :- Harendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anil Kumar Chaudhary, Advocate holding brief of Sri Harendra Yadav, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I 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- Sahendra, seeking enlargement on bail during trial in connection with Case Crime No. 0184 of 2021, under Sections 498-A, 304-B, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Chopan, District Sonbhadra. 4. The first information report of the present matter was lodged on 13.07.2021 by Anil against the applicant and 03 other persons alleging therein that the marriage of his sister Rangeeta was solemnized with Sahendra (the applicant) around four years back. After marriage the accused persons used to torture & trouble her for dowry. There was demand of additional dowry by the accused persons and due to non- fulfillment of the same, the accused persons on 11.07.2021 have murdered her. He was given an information after which he went there and found his sister to be dead. 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 17 of the affidavit it is submitted that the deceased was depressed and due to this reason she hung herself and died. It is submitted that the first information report was lodged against 04 persons including the applicant but charge-sheet has been submitted only against the applicant and Chiraunji the mother-in-law of the deceased whereas two other co-accused namely Babunder and Anant have been exonerated. It is submitted that co-accused Chiraunji the mother-in-law of the deceased has been granted bail by another Bench of this Court vide order dated 09.05.2022 passed in Criminal Misc. Bail Application No. 15988 of 2022, the copy of the said order is annexed as Annexure-8 to the affidavit. It is submitted that trial in the matter has started in which as of now only one witness being Anil Kumar the first informant has been examined as P.W.-1 whereas there are many witnesses and as such trial will take long time. The applicant has no criminal history as stated in para 19 and is in jail since 17.07.2021. 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. It is submitted that co-accused who has been granted bail is the mother-in-law of the deceased and thus the case of the applicant who is the husband of the deceased is distinguishable with that of the said co-accused. It is submitted that trial in the matter has started in which one witness being the first informant has been examined as P.W.-1 and thus release of the applicant at this stage may have an adverse effect in the trial. 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. The trial in the matter has started in which one witness has been examined. Co-accused who has been granted bail is the mother-in-law of the deceased and since the applicant is the husband of the deceased his case is distinguishable with that of the said co-accused. 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 :- 22.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad