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2025 DAILYLAW 57478 (ALL)

RAHUL v. STATE OF U.P.

BAIL/17840/2025 · 2025-05-22

Samit Gopal

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:88076 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17840 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Quasim Khan,Shams Uz Zaman Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Shams Uz Zaman, learned counsel for the applicant, Sri Akhilesh Kumar Singh, learned counsel for the first informant, Sri Deepak Mishra, learned counsel for the State and perused the material on record. 3. Sri Akhilesh Kumar Singh has filed his vakalatnama on behalf of the first informant today in Court which is taken on record. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rahul seeking enlargement on bail during trial in connection with Case Crime No. 220 of 2024, under Sections 85, 115(2), 80 B.N.S. and 3/4 D.P. Act, Police Station Ramala, District- Baghpat. 5. The first information report of the present matter was lodged on 09.8.2024 by Vinod Kumar against the applicant and 03 other persons alleging therein that the marriage of his daughter Arti was solemnized with Rahul (the applicant) on 23.11.2023. After marriage the accused persons used to torture & trouble her for dowry. There was demand of Rs. 2 lakh and a motorcycle as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 09.8.2024 have murdered her. 6. 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 argued while placing para-13 of the affidavit that the statements of the independent witnesses namely Ravindra, Sonu, Santpal, Sawan and other were recorded by the police, who have stated that the applicant and the deceased were living separately. It is submitted that the applicant has no criminal history as stated in para 15 and is in jail since 10.8.2024. 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 and torture 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 unnaturally within seven years of marriage in her matrimonial house. 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. (Samit Gopal,J.) Order Date :- 23.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad