HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30753 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akhilesh Kumar Mishra, learned counsel for applicant, Sri Dheeraj Kumar Dwivedi, learned counsel for the informant, Sri Durg Vijay Singh, learned Additional Advocate General assisted by 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 Sessions Trial No.1003 of 2025 arising out of Case Crime No.41 of 2025, under Sections 80, 85 B.N.S. and Section 3/4 D.P. Act, Police Station Kotwali, District Kanpur Nagar 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 24.11.2022 and in addition to the several other material, a bullet motorcycle No. UP 78HC 2896 was also given to the son as dowry. Subsequent to it, the applicant and other family members are stated to have subjected the deceased to cruelty for demand of a car and Rs.2 lakhs as dowry, thereby led her to death on 17.02.2025. 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. The son of the applicant and the deceased person had also expired at the time of death of deceased person. The deceased was used to make reels to post them Versus Counsel for Applicant(s) : Abhishek Tripathi, Akhilesh Kumar Mishra, Laxmi Devi Counsel for Opposite Party(s) : G.A. Sumit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) on social media and the applicant had asked her to refrain from doing so, as such, peeved by the said act of refusal to make reels, she had committed suicide. The cause of death of deceased person is asphyxia as a result of ante-mortem hanging. 6. Learned counsel for the applicant has further stated that the cause of death of son of the applicant and the deceased could not be ascertained, as such, viscera was preserved. The son of the applicant, who was having asthmatic problem, after learning about the death of the mother might have died due to breathlessness. The documents regarding his cough, cold, fever, breathlessness and vomiting have been annexed as Annexure No.10 to the affidavit accompanying the bail application. 7. Learned counsel for the applicant has also stated that the applicant and his mother used to do a job and were not present at the place of occurrence at the relevant time of offence. There is no criminal history of the applicant. The applicant is in jail since 20.02.2025 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 A.G.A. have vehemently opposed the bail application on the ground that the deceased and her son both have expired within the precincts of the house of the applicant, as such, he is not entitled for bail. 9. After hearing learned counsel for the parties and taking into consideration that no documents regarding alibi has been annexed and the fact that the deceased alongwith her son had expired within the precincts of house of the applicant, as such, the presumption under Section 118 of Bharatiya Sakshya Adhiniyam lies against him, I do not find it a fit case for grant of bail to the applicant. 10. The bail application is found devoid of merits and is, accordingly, rejected. 11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar BAIL No. 30753 of 2025 2 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. 12. 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. September 9, 2025 (Ravi Kant) BAIL No. 30753 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad