Neutral Citation No. - 2025:AHC:116976 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24639 of 2025 Applicant :- Umesh Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rama Shankar Mishra, 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.127 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Kareilly, District Prayagraj 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 about two years before her death. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of dowry, thereby led her to death on 07.07.2024 at about 7:00 p.m. 5. Learned counsel for the applicant has stated that the FIR is delayed by about one day and there is no explanation of the said delay caused. There is no specific demand of dowry in the FIR. It has been plainly alleged that there was demand, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled. 6. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result f ante-mortem hanging. There is no criminal history of the applicant. The applicant is in jail since 09.07.2024 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 is prompt as it was instituted after about six hours of the incident only and the deceased has expired within the precincts of the house of the applicant. The applicant being the husband of the deceased and the main accused person is not entitled for bail. 8. After hearing learned counsel for the parties and taking into consideration the promptness of the FIR and the fact that the deceased has expired 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 :- 18.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad