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2025 DAILYLAW 51285 (ALL)

ABHISHEK MAURYA v. STATE OF U.P. AND ANOTHER

BAIL/14409/2025 · 2025-04-29

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67120 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14409 of 2025 Applicant :- Abhishek Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Singh,Suresh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Suresh Kumar Maurya, 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- Abhishek Maurya, seeking enlargement on bail during trial in connection with Case Crime No. 295 of 2024, under Sections 80(2), 85 BNS and 3/4 D.P. Act, registered at Police Station Khaga, District Fatehpur. 4. The First Information Report of the present matter was lodged on 19.10.2024 by Vijay Kumar against the applicant only alleging therein that the marriage of his sister Guddi Devi was solemnized with Abhishek Maurya (the applicant) on 05.06.2022. In the marriage, he had given gifts and dowry except motorcycle, gold chain and ring due to which Abhishek Maurya was not satisfied with it and used to torture and assault her. On 17.10.2024 Abhishek Maurya has murdered his sister by giving poison and strangulation. Report be lodged and action be taken. 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 allegations as levelled against the applicant are general and omnibus in nature. While placing para 20 of the affidavit it is submitted that the applicant and his wife were leading happy married life but his in- laws always tried to interfere in his marital life which is evident from the fact that after the death of the deceased his in-laws forced his father and blackmailed him to execute a gift deed in favour of daughter of the applicant. It is submitted that there is no dying declaration, para 28 of the affidavit has been placed before the Court. It is submitted that the cause of death could not be ascertained and viscera was preserved which was examined in which chlorpyrifos insecticide poison was found. It is submitted that the applicant has no criminal history as stated in para 24 of the affidavit and is in jail since 22.10.2024. 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. It is submitted that the bail be rejected. 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. The deceased died unnatural within seven years of marriage in her matrimonial house. The cause of death could not be ascertained and viscera was preserved in which chlorpyrifos insecticide poison was found. 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 :- 30.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad