Neutral Citation No. - 2025:AHC:116969 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22907 of 2025 Applicant :- Rakesh Kumar Rai Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Singh Rathaur,Rajesh Kumar Dubey Counsel for Opposite Party :- Ashok Kumar Rai,G.A.,Pavan Kumar Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manoj Singh Rathaur, learned counsel for applicant, Sri M.P. Rai, learned Senior Advocate assisted by Sri Pavan Kumar Pandey, learned counsel for the informant and Sri R.P. Patel, learned State Law Officer. 3. The present bail application has been filed by the applicant in Case Crime No.03 of 2025, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, Police Station- Khejuri, District- Ballia 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 13.12.2023, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.5 lakh as additional dowry of which Rs.1 lakh was given by the informant but the subsequent demand of Rs.4 lakh persisted, thereby leading her to death on 6.1.2025. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed and there is no explanation of the said delay caused. The allegations are per se false. Learned counsel has stated that before the institution of FIR there is nothing on record to suggest that there was any demand of dowry whatsoever. 6. Learned counsel for the applicant has further stated that the deceased was suffering from colitis and was treated at Army Command Hospital, Lucknow and at several other places by the applicant, but the deceased came to know that she would never be treated completely of the said ailment of colitis, as such, she had committed suicide. The cause of death was asphyxia as a result of antemortem hanging. 7. Learned counsel for the applicant has also placed much reliance on several photographs of the deceased, annexed as Annexure-8 of the affidavit filed with bail application, which indicate the birthday celebration of the deceased about fifteen days before her death. Learned counsel has stated that the elder brother of the applicant was also implicated in the case and he has been exonerated by the police. The father-in-law and mother-in-law have already been enlarged on bail. 8. It is further argued by learned counsel for the applicant that there are general and omnibus allegations against all the accused persons, as such, the applicant is entitled for bail. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned Senior Counsel appearing for the informant and learned State Law Officer have vehemently opposed the bail application on the ground that the FIR is prompt and the deceased had expired within the precincts of house of the applicant. It is also argued that colitis is a common ailment and is curable. It is not fatal, as such, it cannot be the reason for suicide by the deceased person. 10. After hearing learned counsel for the parties and taking into consideration the fact that FIR is prompt and the deceased had expired within the precincts of house of the applicant, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. 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 :- 18.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad