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Neutral Citation No. - 2025:AHC:78755 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16288 of 2025 Applicant :- Sanjay Pal Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Maurya,Om Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Arvind Kumar Maurya, learned counsel for the applicant, Sri Ram V.D. Ojha, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sanjay Pal, seeking enlargement on bail during trial in connection with Case Crime No. 319 of 2024, under Sections 115(2), 352, 351(2), 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Pawai, District- Azamgarh. 4. The F.I.R. of the matter was lodged on 21.09.2024 by Karanpal against the applicant and mother-in-law alleging therein that marriage of Manoja Pal his sister, was solemnized in the year 2018 with Sanjay Pal the applicant. After marriage, the accused persons used to torture her for dowry. In the night of 18.9.2024 the accused persons assaulted her due to which she became unconscious. On information he and others reached there, on which the accused persons stated to them that they would murder her. He took his sister to the hospital and admitted her for treatment. Report be lodged and action be taken. The F.I.R. has been lodged under Sections 115(2), 352, 351(2), 110, 85 B.N.S. and 3/4 D.P. Act. 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 general and omnibus allegations have been levelled against the applicant. It is submitted that the deceased subsequently died on 27.9.2024 after which postmortem examination was conducted wherein the doctor did not find any antemortem injury on her body but the cause of
death was opined as shock due to antemortem septicemia. It is submitted that charge sheet in the matter has been submitted against the applicant and co-accused Sarita the mother-in-law of the deceased, para-9 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para-12 of the affidavit and is in jail since 26.09.2024. 6.
Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died unnatural death in her matrimonial house within seven years of marriage. It is further submitted that Rajani the sister of the deceased is the eye witness who has stated about participation of the applicant in the present matter. It is submitted that the deceased was assaulted and her head was banged on the wall after which she became unconscious and later on died. It is further submitted that the bail of co-accused Sarita has been rejected by this Court vide order dated 13.05.2025 passed in Crl. Misc. Bail Application No. 15450 of 2025 (Sarita Vs. State of U.P.). It is submitted that the bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is the husband of the deceased and he is named in the FIR. There are eye witnesses of the incident. The deceased died an unnatural death in her matrimonial house. The bail of co-accused Sarita the mother-in- law of the deceased has been rejected by this Court vide order dated 13.05.2025. 8. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. Pending application(s), if any, shall stand disposed of. Order Date :- 14.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad