Neutral Citation No. - 2025:AHC:127733 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24261 of 2025 Applicant :- Anand Ram Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- Anjani Kumar Singh,G.A.,Shweta Nishad Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shailendra Kumar Singh, learned counsel for applicant, Ms. Sweta Nishad, learned counsel for the informant, Sri Dur Vijay Singh, learned Additional Advocate General assisted by Sri Sunil Kumar, learned Additional Government Advocate 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.27 of 2025, under Sections 85, 80(2) B.N.S. and Section 3/4 D.P. Act, Police Station Chunar, District Mirzapur 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 three years before the incident. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of dowry, thereby led her to death in the night of 22/23.01.2025. 5. Learned counsel for the applicant has stated that the FIR is delayed as the information to the brother of the deceased person was furnished by the younger brother of the applicant in the night of 22.01.2025 at about 10:00 p.m. itself, as such, it is a clear-cut case of false implication. There is no specific demand of dowry mentioned in the FIR. The said demand has been added subsequently. 6. Learned counsel for the applicant has further stated that there was no complaint previous to the instant FIR regarding demand of dowry and there is nothing on record to suggest that any demand was made soon before the death of deceased person, as such, the ingredients of Section 80(2) B.N.S. are not fulfilled. 7. Learned counsel for the applicant has also stated that the instant case does not fall within the category of dowry death. The cause of death is asphyxia as a result of ante-mortem hanging. There is no external injury on the body of the deceased. The forensic unit went to the place of occurrence and an opinion was held by them that it was a case of suicide. There is no criminal history of the applicant. The applicant is in jail since 26.01.2025 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 counsel for the informant and learned Additional Advocate General assisted by learned A.G.A. have vehemently opposed the bail application on the ground that the deceased has expired within the precincts of the house of the applicant and the FIR has been instituted against the applicant only. No other persons of the family have been made an accused in the FIR. 9. Learned counsel for the informant and learned A.G.A. have further stated that the onus lies on the applicant to explain the circumstances which led to the death of the deceased person. The deceased was pregnant at that time as her uterus was found gravid during post-mortem examination, as such, the applicant is not entitled for bail. 10. After hearing learned counsel for the parties and taking into consideration the promptness of FIR and the deceased having expired within the precincts of the house of the applicant coupled with the fact that the deceased was found pregnant at the time of offence, 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. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 13. 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 :- 31.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad