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Neutral Citation No. - 2025:AHC:87765 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16787 of 2025 Applicant :- Raghuveer Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Mohd. Irfan, Advocate holding brief of Sri Nirbhay Kumar, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Raghuveer, seeking enlargement on bail during trial in connection with Case Crime No. 12 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sehramau, District Pilibhit. 4. The first information report of the present matter was lodged on 30.01.2023 by Rajesh Kumar against the applicant and 04 other persons alleging therein that the marriage of his daughter Monika was solemnized with the applicant on 13.05.2021 in which he had given gifts and dowry as per his status. The accused persons were not satisfied with it and there was a demand of Rs. two lakhs from her and used to pressurize her for it. They used to torture her physically and mentally. The accused persons continued torturing her. The informant gave an intimation to the police about it but no action was taken and then he filed a case in the Court on 01.12.2022 in which the accused persons entered into a settlement with him and then his daughter was sent back to her matrimonial house. The accused persons even then did not stop their acts. On 26.01.2023 they assaulted his daughter of which information was given to the police on 0112 number. When the police reached there the accused persons ran away. Later on after the police went they murdered his daughter and hung her body. He was given information by the relatives after which he reached place of occurrence and found his daughter to be hanging. The first information 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 first information report has been lodged after an unexplained delay of about 04 days in as much the incident is of 26.01.2023 but the first information report was lodged on 30.01.2023. Further while placing paragraph 20
of the affidavit it is submitted that the deceased did not want to live in her matrimonial house and wanted to take divorce from her husband and thus she had moved an application under Section 156 (3) Cr.P.C. against her in-laws on false allegations. It is submitted that the deceased thus committed suicide by hanging. The body of the deceased was found to have received a ligature mark on it and the cause of death was asphyxia as a result of antemortem hanging which is also consistent with hanging. It is submitted that the investigation in the matter has been concluded and a charge-sheet has been submitted against the applicant, Suresh Kumar the father-in-law and Jugda Devi the mother-in-law of the deceased whereas Sagar and Smt. Patri have been exonerated, paragraph 15 of the affidavit has been placed for the same. The applicant has no criminal history as stated in para 29 and is in jail since 18.12.2024. 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 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. The deceased died an unnatural death. Even previously a case was instituted by the deceased in Court against her in-laws for torture and harassment which ended into a settlement between the parties.
There is no justifiable reason given by the applicant for false implication regarding the death of his wife in the matrimonial house. 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 :- 23.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad