Neutral Citation No. - 2025:AHC:59468 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12956 of 2025 Applicant :- Vivek Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ravindra Sharma, learned counsel for the applicant and Sri Bade Lal Bind, 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- Vivek, seeking enlargement on bail during trial in connection with Case Crime No. 158 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Moosajhag, District Buaun. 4. The first information report of the present matter was lodged on 04.06.2024 by Vedram against the applicant and 03 other persons alleging therein that the marriage of his daughter Swati was solemnized with Vivek (the applicant) in the year 2019 around five years ago. After marriage the accused persons used to torture & trouble her for dowry. There was demand of a motorcycle as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 04.06.2024 have murdered her. A report be lodged and action be taken. 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. It is submitted that Vedram the first informant was examined as P.W.-1 and Ajay Pal the brother of the informant was examined as P.W.-2 and while being cross-examined they have not supported the prosecution case, the copy of the said statements have been placed before the Court which are annexed as Annexure nos.-5 & 6 to the affidavit respectively. The applicant has no criminal history as stated in para 31 and is in jail since 06.06.2024. 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 the appreciation of the said witnesses is for the trial court to do at the appropriate stage and further the same shows that the trial is under progress in which both the witnesses have supported the prosecution case and 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 has started in which two witnesses have been examined and have supported the prosecution case. The appreciation of their statements is to be done by the trial court at the appropriate stage. Further recording of the statements of two witnesses goes to show that the trial is proceeding diligently. 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. Order Date :- 22.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad