Neutral Citation No. - 2025:AHC:115305 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34689 of 2024 Applicant :- Pravesh Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Vivek Singh, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 538 of 2022, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Surajpur, District - Gautam Buddha Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the husband of the deceased person and has been falsely implicated in the present case. There are ample contradictions in the statement of the prosecution witnesses i.e. P.W.- 1 and P.W.- 2 and even their statements are inconsistent to each other. The cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. 5. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 01.09.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the FIR is prompt. The statements of P.W.- 1 and P.W.- 2 are intact. The victim has expired within the precincts of the house of the applicant, as such, the applicant is not entitled for bail as the onus lies upon him being her husband to prove as to under what circumstance the death of deceased has occurred. 7. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and also considering the fact that the FIR is prompt and the deceased has expired within the precincts of the house of the applicant coupled by the fact that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging, I do not find it a fit case to release the applicant on bail. 8. The bail application is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar 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. 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:- 16.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad