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Neutral Citation No. - 2025:AHC:115605 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24474 of 2025 Applicant :- Ramlakhan Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ashok Kumar Singh, 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.281 of 2024, under Sections 85, 80(2), 115(2), 352, 351(2) B.N.S. and 3/4 D.P. Act, Police Station Gopiganj, District Bhadohi 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 seven months before her death. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of TV, golden ring and Rs.21,000/- as dowry, thereby led her to death on 05.11.2024 at about 1:00 p.m.
5. Learned counsel for the applicant has stated that the FIR is delayed by more than six hours and there is no explanation of the said delay caused. The demand of dowry is vague. The date of marriage has come up later on during the statements of the witnesses, which was 26.04.2024. It was an accidental electric burn injuries sustained by the deceased person and two other injuries were blackish abrasion and abrasion which were of very small dimension and could not have contributed to death.
6. Learned counsel for the applicant has further stated that the cause of death was cardio pulmonary arrest due to electric burn. There is no criminal history of the applicant. The applicant is in jail since 11.11.2024 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 and it has nowhere mentioned in the autopsy report that the electric burn sustained was accidental. The deceased has expired within the precincts of the house of the applicant having sustained electric burn, as such, he is not entitled for bail.
8. After hearing learned counsel for the parties and taking into
consideration the facts that the FIR is prompt and the deceased has expired within the precincts of the house of the applicant that too within a span of about seven months of her marriage, 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 :- 17.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad