Neutral Citation No. - 2025:AHC:51176 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 958 of 2025 Applicant :- Deepak Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Garun Pal Singh, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Deepak Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 157 of 2024, under Section 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Hathras Junction, District Hathras. 4. The first information report of the present matter was lodged on 21.04.2024 by Smt. Mithilesh Devi against the applicant and 05 other persons alleging therein that the marriage of her daughter Varsha was solemnized with Deepak (the applicant) in the month of June 2020. After marriage the accused persons used to torture and trouble her daughter and were not satisfied with the gifts and dowry given therein and there was demand of a buffalo and cash which could not be met by her due to her unwell condition. The accused used to torture & harass her daughter. They murdered her on 21.04.2024. Information about it was received by her and then she reached there and found the dead body of her daughter. 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 the deceased and the applicant were leading a happy married life as is evident from the fact that two children were born from the wedlock. It is submitted that there was never any demand of dowry by the applicant or his family members. It is further submitted that trial in the present matter has started in which the first informant Smt. Mithilesh Devi has been examined as P.W.-1, the copy of the statement is annexed as Annexure-8 to the affidavit, a perusal of which would go to show that she has not supported the prosecution case. It is next submitted that two more witnesses have been examined who have not supported the prosecution case and have been declared hostile. The statement of other witnesses have been placed before the Court which are annexed as Annexure-S.A.-1 to the supplementary affidavit dated 24.03.2025, a perusal of which goes to show that P.W.-2 Rinku who is the brother of the deceased and P.W.-3 Virendra Singh the father of the deceased have been declared hostile. It is submitted that the deceased committed suicide and died which is suggestive from the postmortem examination report, wherein, the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. While placing paragraph 17 of the affidavit it is submitted that the deceased was a short tempered lady and was not happy with her husband because of his financial condition as he could not meet her demands and thus she committed suicide. The applicant has no criminal history as stated in para 22 and is in jail since 12.05.2024. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. It is submitted that the deceased died in her matrimonial house within seven years of marriage and there is an allegation of demand of dowry against the applicant. It is submitted that trial in the matter is going on in which the first informant has supported the prosecution case and the appreciation of the evidence would be for trial at the appropriate stage. It is submitted that since three witnesses have been examined release of the applicant at this stage would not be in the fitness of things. 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 within seven years of marriage in her matrimonial house. There is an allegation of torture, harassment and demand of dowry by the applicant and co-accused persons. P.W.-1 the first informant has been examined before the trial court whose statement needs to be appreciated by the trial court at the appropriate stage. Three witnesses have been examined. 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 :- 9.4.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad