Neutral Citation No. - 2025:AHC:68787 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14534 of 2025 Applicant :- Afsaar Opposite Party :- State of U.P. Counsel for Applicant :- Aashish Kumar,Akanksha Maurya,Manoj Kumar Verma,Milind Sen Bauddha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Sri Imtyaz Ahmad, Advocate appears on behalf of the first informant files vakalatnama in Court which is taken on record. 3. Heard Sri Manoj Kumar Verma, learned counsel for the applicant, Sri Imtiyaz Ahmad, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Afsaar, seeking enlargement on bail during trial in connection with Case Crime No. 319 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Puramufti, District Prayagraj. 5. The first information report of the present matter was lodged on 04.11.2022 by Ali Hasan against five persons including the applicant and two unnamed nand alleging therein that the marriage of his daughter was solemnized with Afsaar (the applicant) on 09.01.2022 according to Muslim rites and rituals. He had given gifts and dowry more than his status. After marriage there was a demand of a motorcycle by the accused persons. Due to non fulfillment of the said demand, the accused persons used to torture & assault her. On 04.11.2022 at about 01:00 pm, he was given information that his daughter has died. The accused persons have murdered her due to non fulfillment of dowry. FIR be lodged and action be taken. 6. Learned counsel for the applicant submitted 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 the deceased was not found to have received any injury on her body and the viscera was preserved which after examination was found to contain chlorpyrifos insecticide poison in it. It is further submitted that co-accused Munne @ Munne Mistri the father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 05.04.2024 passed in Crl. Misc. Bail Application No. 13403 of 2024 (Munne @ Munne Mistri Vs. State of U.P), copy of the order has been produced before the Court which is taken on record. It is submitted that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 19.07.2023. 7. 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. 8. 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 an unnatural death within seven years of marriage in her matrimonial house. Although the deceased was not found to have received any injury on her body and viscera was preserved which after examination was found to contain chlorpyrifos insecticide poison in it. The case of the applicant is distinguishable with that of co-accused who has been granted bail is the father-in- law of the deceased and the applicant is the husband of the deceased. 9. 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. 10. Pending application (s), if any, shall stand disposed of. Order Date :- 1.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad