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Neutral Citation No. - 2025:AHC:105499 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19156 of 2025 Applicant :- Shivam Verma Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.,Lalit Kumar Gond,Rajesh Kumar Mishra Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Vivek Singh, learned counsel for applicant, Sri Rajesh Kumar Mishra, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime No.58 of 2025, under Sections 3(5), 85, 80(2), 115(2) B.N.S. and 3/4 D.P. Act, Police Station Delhi Gate, District Meerut with the prayer to enlarge him on bail.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on
24.11.2023. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.2 lakhs and a car as dowry, thereby led her to death in the night of 25.03.2025 at about 11:00 p.m.
5. Learned counsel for the applicant has stated that the FIR is delayed by about six hours and there is no explanation of the said delay caused. It was a love marriage, as such, there was no occasion for the applicant to demand dowry from the deceased person. It is a clear cut case of false implication. The deceased has committed suicide out of pressure of the two families as it was not an arrange marriage and according to the wishes of the family of both the parties.
6. Learned counsel for the applicant has further stated that the cause of death was asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is in
jail since 27.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased has expired within the precincts of the house of the applicant, as such, he is not entitled for bail.
8. After hearing learned counsel for the parties and taking into
consideration the facts that the FIR is prompt and there are particular allegations against the applicant coupled with the fact that the deceased has expired within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 7.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad