Neutral Citation No. - 2025:AHC:75024 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1265 of 2025 Applicant :- Durgesh @ Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.,Lalit Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Lalit Kumar, learned counsel for the first informant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Durgesh @ Pradeep, seeking enlargement on bail during trial in connection with Case Crime No. 221 of 2024, under Sections 115(2), 351(2), 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Deedarganj, District Azamgarh. 4. The first information report of the present matter was lodged on 23.8.2024 by Bhejai against the applicant and 07 other accused persons alleging therein that marriage of his daughter Seema was solemnized with Durgesh@Pradeep Prajapati (the present applicant) on 23.6.2022 in which he had given Rs.50,000/- cash, gold chain, ring, fridge, cooler, almirah etc. and all household items. In-laws of his daughter used to taunt her for dowry and used to assault her. On 15.1.2024 she was assaulted and thrown out of the house. A demand of motorcycle and Rs.1 lakh cash was raised as dowry and they stated that they will not keep her till the demand is fulfilled. They were counseled but they did not agree to it. On 02.8.2024 at about 12:00 p.m. Durgesh@Pradeep and Santosh, his brother-in-law, came to the house of the informant and took his daughter back after vidai. Then at about 3.30 p.m. Pradeep and Santosh brought back his daughter and lay her outside the house and ran away. He on seeing the condition of his daughter immediately took her to the health centre where the doctor declared her dead. An information was given to the police after which inquest was conducted and post mortem was done. He has come to lodge the F.I.R. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant although is the husband of the deceased but he is not involved in the matter. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that the deceased was not found to have received any bodily injury and cause of death could not be ascertained and viscera was preserved which after examination was found to contain "Organochloro Insecticide Poison". It is submitted that the deceased committed suicide and died. It is submitted that after the deceased became ill she was take to Primary Health Centre, Martinganj, Azamgarh by her husband wherein she was declared dead, copy of the extract of the Register has been placed before the Court which is annexure no. 2 to the affidavit. It is submitted that although in the F.I.R. apart from the applicant there are 07 other accused persons named therein but the police found the implication of Sangeeta (nanad), Manisha (nanad), Ansheeka (nanad), Mamta and Santosh to be false and exonerated them but submitted charge sheet only against the applicant who is husband, Ramsamuj (father-in-law) and Susheela (mother-in-law) of the deceased. It is submitted that marriage of the applicant and the deceased was a love marriage and as such there was no occasion for the applicant to demand any dowry. It is submitted that co-accused Santosh Kumar Prajapati was falsely implicated in the present case as he was not in the country on the day of incident. He had travelled to Riyad from Delhi on 24.12.2022 by Flight No.6E 1839 and as such the same would go to show that there are false allegations in the F.I.R. It is submitted that the applicant is in jail since 26.11.2024. 6. Per contra, learned counsel for the State and learned counsel for the first informant vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. It is submitted that the deceased died an unnatural death within seven years of marriage in her matrimonial house and there is an allegation of demand of dowry and torture against the applicant and other co-accused persons. 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. There is an allegation of demand of dowry, torture and harassment by the applicant and other co-accused persons. The deceased died unnaturally within seven years of marriage in her matrimonial house. 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. (Samit Gopal,J.) Order Date :- 8.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad