Neutral Citation No. - 2025:AHC:13379 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34893 of 2024 Applicant :- Satyaprakash Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Kuldeep Tripathi,Shiv Shanker Mishra Hon'ble Ashutosh Srivastava,J. Heard Sri Amit Daga along with Sri Sandeep Kumar Srivastava, learned counsel for the applicant, Sri Puneet Kumar Singh, learned A.G.A. and learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Satyaprakash Singh, seeking enlargement on bail in Case Crime No. 295 of 2024, under Sections 85, 115(2), 109 of the Bharatiya Nyaya Sanhita, 2023 and 3/4 Dowry Prohibition Act, Police Station- Pakabara, District- Moradabad. Learned counsel for accused-applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in Jail since 15.08.2024. The applicant is father-in-law of the victim. The accused-applicant has no criminal antecedents. Learned counsel for the applicant submits that all the allegation of assault, torture and demand of dowry has been levelled against the applicant. Applicant's role is distinguishable from the role of husband of the victim. There is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned A.G.A. as well as learned counsel for informant have vehemently opposed the prayer for bail with this contention that the prosecutrix, in her statement, has reiterated that due to not taking a car in dowry, the present applicant along with her husband and mother-in-law used to assault, harass and torture her. On the very date of incident, the present applicant along with her husband and mother-in-law had confined her in a room and assaulted using belt and clipped her nail using plaas and by using hot pin(keel), made burn injury over her body, chest and private part of the victim. The victim was also being given death threat. Learned AGA by filing counter affidavit has brought on record the injuries received by the victim which reads as under: "i. Reddish blue contused swelling of size 25cm x 15cm over Rt arm with elbow with forearm dorsolaterally. ii. Bluish contusion of size 6cm x 5cm all around RT eye with redness in eye. iii. Scabbed injury of size 10cm x 4cm over lower anterior abdominal wall. iv. Infected wound with pus size 28cm x 22cm over both side of front of chest with both breasts. v. Reddish blue contusion of size 30cmx22cm Ft thigh all around. vi. Abrasion with partial scab of size 20cmx15cm over Rt knee. vii. Bluish black contusion of size 30cmx23cm over all around Lt thigh. viii. Bluish black contusion of size 20cmx10cm over Lt knee with leg. ix. Infected would of size 7cmx2cm over Rt calf. x. Infected would of size 40cmx30cm over whole back. xi. C/O pain over pubic and vaginal area, KUO advise for gynecologist opinion. xii. Bluish black contusions of size 20cmx15cm both buttocks. xiii. Avulsion of nail of 4th toe of Lt foot with scabbing present. xiv. Avulsion of nails of 2nd and 3rd toe of right foot with scabbing present." Having heard learned counsel for both sides and gone through materials on record. It is apparent that the first information report was instantly got lodged, wherein, accusation of assault and torture has been levelled against the applicant. Looking to the heinousness of offence of assault, statement of the victim recorded under Section 180 B.N.S.S., injuries sustained by the victim and medical examination report, likelihood of tampering with evidence in case of release on bail as well as likelihood of fleeing from course of justice, there appears to be no ground for bail. Accordingly, this Bail Application stands rejected. Order Date :- 20.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad