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Neutral Citation No. - 2025:AHC:102980 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20384 of 2025 Applicant :- Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Mustafa Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mohammad Mustafa, learned counsel for applicant, 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.124 of 2024, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Khesraha, District Siddharth Nagar 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 one year before her death and the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 25.06.2024 at about 8:00 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. There are general and omnibus allegations against all the accused persons. The applicant being a husband has been falsely implicated in the present case. There is no particular mentioning of fact as to what was demanded as dowry.
6. Learned counsel for the applicant has further stated that the ingredients of Section 304-B I.P.C. are not fulfilled. The applicant is in jail since 29.06.2024 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 A.G.A. has vehemently opposed the bail application on the ground that the FIR has been promptly instituted
as and when the information to the informant was gathered and the deceased has expired within the precincts of the house of the applicant and there is no explanation of the cause of her death as the cause of death was found to be asphyxia as a result of antemortem hanging.
8. After hearing learned counsel for the parties and taking into
consideration the fact that the FIR has been instituted promptly and the dead body of the deceased has been found 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 :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad