Neutral Citation No. - 2025:AHC:39072 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23741 of 2024 Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.,Pushpendra Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ram Raksha Tiwari, learned counsel for the applicant, Sri Pushpendra Singh, learned counsel for the first informant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Hariom, seeking enlargement on bail during trial in connection with Case Crime No. 293 of 2023, under Section 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Pailani, District Banda. 4. The first information report of the matter was lodged on 23.12.2023 by Maya Devi against the applicant, Amar Singh / father-in-law and Premwati / mother-in- law with the allegation that his daughter Kiran solemnized court marriage with Hari Om a resident of the same vilage. Since marriage the accused persons used to torture her. There was demand of dowry in the nature of Rs. one lakh and a motorcycle and on non-fulfillment of the same, there was a threat to murder her which was told by her daughter whenever she used to meet her. On 18.12.2023 at about 7 a.m. the accused persons murdered her daughter and hung her. When she received information she went to her house and saw it. The first information report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased Smt. Kiran but his implication in the matter is false. It is submitted that the marriage of the deceased with the applicant was a love marriage and was a court marriage and as such there was no occasion for the applicant and other accused persons to demand dowry. It is submitted that Amar Singh the father of the applicant had at the very first point of time given an information to the police concerned that the deceased committed suicide by hanging herself. He moved an application regarding the same on the basis of which inquest on the body of the deceased was conducted. It is submitted that the deceased committed suicide as she was disturbed and depressed as she had given an application before the police and the District Magistrate concerned that her father is a habitual drunkard and his friends in a drunk position misbehaved with her and her father always used to commit maarpeet with her. It is submitted that on the basis of the said application proceedings under Section 107 / 116 Cr.P.C. were also taken up. The applicant has no criminal history as stated in para 20 and is in jail since 11.01.2024. 6. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail and argued that the deceased died within 10 months of marriage in her matrimonial house. The applicant is the husband of the deceased. He is named in the first information report and there are allegations of torture and demand of dowry. It is submitted that the death is an unnatural death. 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. The deceased was found to be having a gravid uterus and a male fetus of between 3-4 months of gestation period was found in it. Although the cause of death is asphyxia as a result of antemortem hanging but in so far as suicide is concerned, a lady who is pregnant to this stage is very unlikely to commit suicide. The applicant is named in the first information report and there are allegations of torture and demand of dowry. The death is unnatural in the matrimonial house. No ground for bail exists. 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. Order Date :- 19.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad