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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31756 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 68 of 2024, under Sections 316, 504, 498A, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Khiri, District-Prayagraj, during the pendency of trial. 3-The brief facts of the case which are required to be stated are that the father of the deceased got a first information report lodged on 27.04.2024 against Akhilesh Shukl, Lalji Shukl, Rajesh Shukl, Pooja Shukl, who are husband, father-in-law, brother-in-law and sister-in- law (jethani) of the deceased respectively as well as against the mother-in-law of the deceased stating inter-alia that on 29.05.2023, marriage of the deceased was solemnized with the present applicant- Akhilesh but after the said marriage, her in-laws used to taunt her on account of bringing less dowry and there was additional demand of a bullet motorcycle. F.I.R. further alleges that due to non-fulfillment of the said demand, his daughter was being harassed and tortured by the accused persons despite knowing the fact that she was pregnant. On 23.04.2024 at about 07:30 p.m., he was informed that his daughter is unwell and on the said information, he reached there and found that his daughter was lying dead and her in-laws told that she has consumed poison. Versus Counsel for Applicant(s) : Ajay Kumar Mishra, Rajesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Akhilesh Shukla .....Applicant(s) State of U.P. .....Opposite Party(s)
4-It is argued by learned counsel for the applicant that the incident in question has not taken place in the manner as alleged by the prosecution, whereas, the deceased was pressurizing her husband to leave the agricultural work and go to Mumbai for work and when the applicant refused the said proposal, his wife got angry and committed suicide. The applicant is languishing in jail since 29.04.2024, therefore, he may be enlarged on bail.
5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that it is not in dispute that at the time of incident, deceased was pregnant and as per post-mortem report, six injuries in the nature of abraded contusions were found on her body. The viscera of the deceased was also preserved and as per viscera report, organo-choloro insecticide poison has been found. It is also submitted that charge, against the applicant, has been framed on 10.09.2024 and the statement of three prosecution witnesses, namely, Rajpati Mishra, Neha Shukla and Sandeep Kumar Mishra, who are father, sister and relative of the deceased have been recorded before the trial court as PW-1, PW-2 and PW-3 and they have supported the prosecution case, therefore, the bail application of the applicant is liable to be rejected. 6-Having heard the submissions of learned counsel for the parties and perusing the record, I find that the deceased died her unnatural death in her matrimonial home within a year of her marriage. Learned counsel for the applicant could not give satisfactory reply with regard to the injuries found on the body of the deceased. Before the trial court, three prosecution witnesses have been examined and the trial of the applicant is proceeding. Since the allegation of the prosecution and defence of the accused are still open to be urged before the trial court, therefore, this Court in exercise of powers under Section 483 B.N.S.S. is not recording any finding on the statement of the prosecution witnesses so that it may not affect the trial of the applicant. 7-However, considering the nature of offence and overall facts and circumstances of the case, gravity of the offence, injuries found on the body of the deceased, this Court is not inclined to grant bail to the applicant. BAIL No. 31756 of 2025 2
8-Accordingly, the bail application is rejected. 9-It is made clear that any observation made in this order is for the purpose of disposal of bail application and shall not affect the merit of the trial. 10-The trial court is directed to make an endeavour to conclude the trial of the applicant, expeditiously, without granting any adjournment to either of the parties.
11-Office is directed to send a copy of this order to the concerned trial court within three weeks' for necessary information and compliance. September 16, 2025 Saurabh BAIL No. 31756 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad