Neutral Citation No. - 2025:AHC:107211 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23438 of 2025 Applicant :- Nishant Alias Nishu Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anurag Shukla, learned counsel for applicant, Sri Vinay Kumar Mishra, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.851 of 2024, under Sections 85, 80 B.N.S. and 3/4 D.P. Act, Police Station- Dibiyapur, District- Auraiya 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 31.12.2021, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Creta Car and Rs.2 lakh as dowry, thereby leading her to death on 30.12.2024 at about 03:20 p.m. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about ten hours and there is no explanation of the said delay caused. The father of the applicant had informed the police about the said incident, as such, the applicant and his family members had acted in a bona fide manner. 6. Learned counsel for the applicant has further stated that the victim was suffering from several ailments including kidney disorder and she was hospitalized from 18.9.2024 to 24.9.2024. There is ultrasound report indicating her ailments, which has been filed as Annexure-8 to the affidavit filed with bail application. Learned counsel has stated that the victim was suffering from tension and used to worry about several things and the said fact stands mentioned in the treatment papers dated 30.9.2024 and 22.10.2024 i.e. about two months before her death. 7. It is further argued by learned counsel for the applicant that the deceased had committed suicide out of tension and depression. The cause of death was asphyxia as a result of antemortem hanging. There is no other injury observed on the body of the deceased person. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 2.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the FIR is prompt and it has been instituted within a span of ten hours and the inquest proceedings, which were undertaken in the night of 30/31.12.2024, indicate that the cause of death was due to demand of dowry. 9. Learned counsel for the informant has further argued that the applicant being the husband of the deceased person is the main accused person and the deceased had expired within the precincts of house of the applicant, as such, he is not entitled for bail. 10. After hearing learned counsel for the parties and taking into consideration the fact that deceased had expired within the precincts of house of the applicant coupled by the fact that the said treatment documents of the deceased person are from about two months prior to her death and there was demand of dowry from the deceased person, 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 :- 8.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad