Neutral Citation No. - 2025:AHC:128027 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25170 of 2025 Applicant :- Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Arun Srivastav,Vishal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Dr. Arun Srivastava, learned counsel for applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.790 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Subhash Nagar, District Bareilly 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 29.5.2023, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of Rs.2 lakh and a motorcycle as dowry, thereby leading her to death on 27.12.2024 at about 12 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 more than one day and there is no explanation of the said delay caused. The applicant is a bona fide person as he alongwith his mother was present at the time of inquest proceedings. 6. Learned counsel for the applicant has further stated that the deceased was a quarrelsome lady which is but evident from the fact that an application was given by the mother of the applicant to District Magistrate on 20.9.2023, which has been annexed as Annexure-3 to the affidavit and the same was published in the local Dainik Jagaran Newspaper regarding their relationship having severed with husband and wife. 7. Learned counsel for the applicant has further contended that earlier on also the victim had instituted an FIR against the applicant and the matter was settled. The said compromise in Case Crime No.355 of 2023, U/s 498-A, 323, 504, 307, 506 I.P.C. and 3/4 D.P. Act, P.S. Subhash Nagar, District Bareilly has been annexed as Annexure-4 to the affidavit filed with bail application. 8. It is further contended by learned counsel for the applicant that the truth is that it was a love marriage between the applicant and deceased person which was solemnized on 21.3.2023, and subsequent to it, the matter was settled between the parties and social marriage was organized on 29.5.2023, as such, it being a love marriage there was no question for demand of dowry whatsoever. The allegations are per se false. 9. It is further argued by learned counsel for the applicant that the cause of death was asphyxia as a result of antemortem hanging. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 29.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the FIR was instituted as and when the informant gathered the knowledge of the incident. The presence of the applicant and his mother at the place of inquest proceedings indicates their complicity. 11. Learned A.G.A. has further argued that the deceased was pregnant by 8-10 weeks and she had expired within the precincts of house of the applicant and the cause of death is asphyxia as a result of antemortem hanging. 12. 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 earlier on also there was an FIR regarding demand of dowry although the matter is stated to have been settled between the parties and the cause of death being asphyxia as a result of antemortem hanging, I do not find it a fit case for grant of bail to the applicant. 13. The bail application is found devoid of merits and is, accordingly, rejected. 14. 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/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad