HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30236 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by Sri Krishna Kant Dubey, learned counsel for the applicant, Sri Rajan Upadhyay, learned counsel for the first informant, Sri Birendra Pratap Singh, learned A.G.A. and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Bilal, seeking enlargement on bail during trial in connection with Case Crime No. 58 of 2023, under Sections 498A, 304B IPC and 3/4 D.P. Act, registered at P.S.- Bhojpur, District- Ghaziabad. 4. The F.I.R. of the matter was lodged on 04.3.2023 by Abdul Gaffar against the applicant and 3 other accused persons alleging therein that marriage of his sister Jaibbunisha was solemnized with the applicant on 13.11.2021 in which he had given gifts and ornaments but the accused persons stated of dowry being less and used to torture his sister. Sometimes ago he had given Rs.2,45,000/- as cash and requested them not to trouble his sister but the accused persons were demanding dowry of Rs.10 lakh due to which on 03.3.2023 at about 09.00 p.m. he received information from girl stating that the accused persons were heard talking that if the demand of dowry is not fulfilled, they would murder her due to which she is frightened. On 04.3.2023 at about 04.00 a.m. he received Versus Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar Dubey, Sr. Advocate Counsel for Opposite Party(s) : G.A., Kanchan Pandey, Rajan Upadhyay Bilal .....Applicant(s) State of U.P. .....Opposite Party(s) information that Jaibunisha has died. He along with his other family members reached her matrimonial house and found her body in dead condition. The accused persons committed dowry death. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that vide order dated 03.9.2025 a co-ordinate Bench of this Court had called for a report from the trial court concerned regarding status of trial. It is submitted that as of now out of 53 only 10 prosecution witnesses have been examined and thus trial will take time. It is further submitted while placing annexure no. 8 to the affidavit that co-accused Tazim who is step brother of the applicant has been granted bail in second bail application by a co-ordinate Bench of this Court vide order dated 21.8.2024 passed in Criminal Misc. Bail Application No. 51551 of 2023 on the ground of delay in trial. It is submitted that looking to delay in trial, the applicant also deserved to be released on bail. 6. Per contra, learned AGA and learned counsel for the first informant vehemently opposed the prayer for bail and submitted that the applicant is husband of the deceased. The deceased died within 07 years of marriage in her matrimonial house and there are allegations of demand of dowry. It is further submitted that post mortem report of the deceased shows injuries on her upper and lower lip, two lacerated wounds and neck was found to be contused and cause of death was asphyxia consequent upon antemortem smothering. It is submitted that the same thus goes to show that the deceased was done to death in the present matter. It is submitted that in so far as bail granted to co-accused Tazim is concerned, he is step brother of husband of the deceased. It is submitted that the prayer for bail be rejected. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is husband of the deceased. There are allegations of demand of dowry and torture. The applicant is named in the F.I.R. Cause of death is smothering and the deceased was found to have received injuries on her body. Case of the applicant is distinguishable with the said co-accused Tazim. The trial is under progress in which ten prosecution witnesses have been examined which has already been BAIL No. 30236 of 2025 2 expedited as would appear from the order of co-accused Tazim. No case for bail in favour of the applicant is made out. 8. The bail application is, accordingly, rejected. October 13, 2025 Naresh BAIL No. 30236 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad