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2025 DAILYLAW 58796 (ALL)

ARVIND KUMAR GAUTAM v. STATE OF U.P.

BAIL/18077/2025 · 2025-05-25

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88809 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18077 of 2025 Applicant :- Arvind Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Pathak,Rajesh Kumar Pandey,Saumitra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anurag Pathak, learned counsel for the applicant and Sri Ram Prakash Shukla, 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- Arvind Kumar Gautam, seeking enlargement on bail during trial in connection with Case Crime No. 134 of 2024, under Sections 85, 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Rampur, District Jaunpur. 4. The first information report of the present matter was lodged on 27.07.2024 by Ramesh Kumar Gautam against the applicant and 02 other persons alleging therein that the marriage of his daughter Sushma was solemnized with Arvind (the applicant) on 24.04.2022 in which he had given a motorcycle Splendor, ornaments, furniture and cash Rs. 51,000/-. There was demand of a Bullet motorcycle for which the accused persons used to taunt her and torture her regularly. On 25.07.2024 the accused persons after assaulting his daughter had given poison to her and when her health deteriorated got her admitted at Jeevandeep Hospital. On 25.07.2024 at about 03:00 pm he received information from the applicant and on the information when he reached the hospital his daughter told him about the incident and then the accused persons ran away. During the treatment her daughter died on 27.07.2024. A report be lodged and action be taken. 5. 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. While placing paragraph 21 of the affidavit it is submitted that the present case is of suicide since neither there is any external injury nor there was any force used upon the deceased and the reason for suicide is the angry behavior / temperament of the deceased. It is submitted that the cause of death of the deceased could not be ascertained and viscera was preserved in which after examination Aluminium Phosphide poison was found, the copy of which is annexed as Annexure-10 to the affidavit. It is submitted that co-accused Durgawati Devi @ Heerawati the mother-in-law and Genalal Gautam the father-in-law of the deceased have been granted bail by a co-ordinate Bench of this Court vide orders dated 31.01.2025 and 06.02.2025 passed in Criminal Misc. Bail Application Nos. 3008 of 2025 and 1951 of 2025, the copy of the said orders are annexed as Annexure-12 to the affidavit. The applicant has no criminal history as stated in para 25 and is in jail since 22.01.2025. 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 and other co-accused persons. 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 and other co-accused persons. The deceased died unnaturally within seven years of marriage in her matrimonial house. The reason as is being disclosed in paragraph 21 of the affidavit due to which the deceased committed suicide does not transpire confidence. 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 :- 26.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad