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2025 DAILYLAW 43004 (ALL)

VINAY KUMAR v. STATE OF U.P.

BAIL/13913/2025 · 2025-04-27

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64961 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13913 of 2025 Applicant :- Vinay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Siddharth Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Siddharth Yadav, learned counsel for the applicant and Sri Birendra Pratap Singh, 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- Vinay Kumar, seeking enlargement on bail during trial in connection with Case Crime No.56 of 2025, under Sections 80(2), 85, 352 B.N.S. and 3/4 D.P. Act, Police Station Paniyara, District Maharajganj. 4. The first information report of the present matter was lodged on 23.2.2025 by Pradeep Kumar against the applicant and the family members of the applicant alleging therein that the marriage of his sister Sadhna was solemnized with Vinay Kumar (the applicant) around three months back. After marriage the accused persons used to torture & trouble her for dowry. There was demand of a vehicle and money as dowry by the accused persons which he could not fulfill. On 15.2.2025 his sister died under suspicious circumstance and the applicant and his family members cremated her without informing him and his family members. 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 while placing para-19 and 20 of the affidavit that marriage between the applicant and the deceased was inter-cast love marriage without any dowry due to which the family members taunted and tortured her due to which she was living under pressure and committed suicide. It is submitted while placing para- 21 and 22 of the affidavit that the applicant gave information to the police and the family members of the deceased and then her cremation was conducted. It is submitted that the F.I.R. has been delayed by 8 days for that there is no plausible explanation. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that the applicant has no criminal history as stated in para 27 and is in jail since 25.2.2025. 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 three months 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 information about death of the deceased was not given to the family members and as such the F.I.R. has been lodged stating that her body was cremated. 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 three months of marriage in her matrimonial house. No ground for bail is made out. 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. (Samit Gopal,J.) Order Date :- 28.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad