Neutral Citation No. - 2025:AHC:66280 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14046 of 2025 Applicant :- Hariraj Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sanjeev Kumar, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Hariraj, seeking enlargement on bail during trial in connection with Case Crime No. 173 of 2023, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, registered at P.S. Amroha Dehat, District Amroha. 4. The FIR of the matter was lodged on 19.04.2023 by Ram Singh against the applicant and four other persons alleging therein that marriage of his daughter Preeti was solemnized with the applicant in June, 2020. After marriage the accused persons were not happy with the said dowry and used to torture and harass for the same. The applicant used to assault her in an intoxicated condition regarding which a complaint was given at the police station on 30.04.2022 but later on on intervention of some people he apologized for it but on 18.04.2023 at about 04:45 pm his son Dipanshu received a call from Preeti stating therein that her husband and other relatives want to murder her and then phone was disconnected and when his son called again her it was switched off. Then at about 06:35 pm the neighbour informed him that his daughter has been murdered. He reached there and found the dead body of his daughter. 5. Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the story regarding dowry is false and incorrect. It is submitted that at the time of incident, the applicant was not present and he was thrashing wheat along with other persons of the village and his wife called on the phone number of Majid and then the deceased told the applicant that he may take care of their children after which the applicant went to the house and found the deceased dead, para 16 of the affidavit has been placed before the Court. It is submitted that although the postmortem examination report mentions five injuries on the body of the deceased but when panchayatnama conducted by the police it states that there was no injury over the body except a single injury, para 18 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 20.04.2023. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the postmortem examination report of the deceased shows that apart from a ligature mark, she has received four other injuries on her body which would go to show that she was assaulted soon before death. It is submitted that the applicant is the husband of the deceased and there are allegations against him of demand of dowry, torture and harass the deceased. The deceased died within seven years of marriage in her matrimonial house. It is submitted that prior to the present incident, an application was given to the police station regarding ill treatment of the deceased by the applicant and his family members. It is further submitted that the trial in the present matter is going on in which three witnesses have been examined. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that that the applicant is the husband of the deceased. The deceased died within seven years of marriage in her matrimonial house. The postmortem examination report of the deceased shows that apart from a ligature mark, she has received four other injuries on her body which would go to show that she was assaulted soon prior to her death. There are allegations of demand of dowry, torture and harass the deceased by the applicant. Prior to the present incident, an application was given to the police station regarding ill treatment of the deceased by the applicant and his family members. The trial in the present matter is under progress in which three prosecution witnesses have been examined. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. Order Date :- 29.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad