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Neutral Citation No. - 2025:AHC:63917 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2032 of 2025 Applicant :- Santosh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Amar Nath Tiwari Counsel for Opposite Party :- G.A.,Vijay Kumar Gupta Hon'ble Samit Gopal,J.
1. List revised. 2. Heard Sri Amar Nath Tiwari, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. Sri Vijay Kumar Gupta, learned counsel for the first informant is not present even in the revised list. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Santosh Chauhan seeking enlargement on bail during trial in Session Trial No. 2320 of 2023, arising out of Case Crime No. 492 of 2023, under Sections 498A, 304B, 506 I.P.C. and 3/4 D.P. Act, Police Station- Cantt, District Gorakhpur. 4. The first information report of the present matter was lodged on 28.6.2023 by Sanjay Chauhan against the applicant and 04 other persons alleging therein that the marriage of his daughter Sheetal Chauhan was solemnized with Santosh Chauhan (the applicant) on
04.5.2023. After marriage the accused persons used to torture & trouble her for dowry. There was demand of four wheeler as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 28.6.203 at about 10:00 a.m. have murdered her. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that although the applicant is the husband of the deceased but he is not involved in the matter. It is submitted that the allegations as levelled against the applicant and other co-accused persons are
general and omnibus in nature. While placing paragraph 28 of the affidavit it is submitted that the deceased committed suicide for the reasons that the applicant doing a private work as a T.V. Mechanic in the local area and earning Rs. 15,000/- per month but the deceased was not satisfied with it. It is submitted that the applicant has no criminal history of one case which has been disclosed and explained in para-34 of the affidavit. The applicant is in jail since
28.6.2023.
It is submitted that co-accused Naina Devi (mother-in- law) and Ramesh Chauhan (father-in-law) have been granted bail by this Court vide order dated 20.9.2023 passed in Criminal Misc. Bail Application No. 39868 of 2023 and vide order dated 22.8.2024 passed in Criminal Misc. Bail Application No. 39762 of 2023 respectively, para-19 and annexure no. 9 to the affidavit has been placed for the same. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. It is submitted that the deceased died an unnatural death within 50 days of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. There is an allegation of demand of dowry, torture and harassment by the applicant and other co-accused persons. The deceased died unnaturally within 50 days of marriage in her matrimonial house. In so far as the said co-accused Naina Devi and Ramesh Chauhan who have been granted bail are concerned, they are mother-in-law and father-in-law of the deceased. The case of the applicant is distinguishable with that of the said co- accused. 8. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 9. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 25.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad