HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34723 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Sriprakash Rai, learned counsel for the applicant and Sri Vijay Kumar, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 24 of 2026, under Sections 85, 103(1) BNS and 3/4 D.P. Act, Police Station Jamalpur, District Mirzapur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is husband of the deceased and initially FIR of the present case was lodged for offences punishable under sections 80(2), 85 BNS and 3/4 D.P. Act but after investigation charge sheet has been filed under sections 85, 103(1) BNS and 3/4 D.P. Act. 4. He further submitted that however applicant is husband of the deceased and as per allegation he committed the murder of his wife alongwith others but entire allegations levelled against the applicant are totally false. 5. He further submitted that however post mortem report suggests that deceased died due to throttling but at the time of incident, applicant was not present at spot and he had gone to the house of his Mausi. 6. He further submitted that however applicant moved an application that he was not present at spot but on his application no action was taken and Investigating Officer did not investigate the matter properly and in routine manner submitted the charge sheet against the applicant. Versus Counsel for Applicant(s) : Praful Dev Shukla, Sriprakash Rai Counsel for Opposite Party(s) : G.A. Govind Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submitted that applicant is innocent and he did not involve in commission of the alleged crime. 8. He further submitted that applicant is having no previous criminal history and he is in jail in the present matter since 8.2.2026 i.e. for last almost 8 months. 9. Per contra, learned AGA opposed the prayer for bail and submitted that applicant is husband of the deceased and post mortem report suggests that deceased died due to throttling in her matrimonial home and therefore, it reflects, deceased has been murdered in her matrimonial home and therefore, prima facie, it cannot be said that applicant is innocent specially considering the fact that there is no evidence on record which can suggest that at the time of the alleged incident applicant was not present at his home. 10. He further submitted that therefore, considering the facts of the case, instant bail application of the applicant may be dismissed. 11. I have heard learned counsel for the parties and perused the record of the case. 12. Applicant is husband of the deceased and as per allegation due to non- fulfillment of demand of dowry he alongwith his family members committed her murder and even post mortem report suggests that she died due to throttling therefore, allegations levelled against the applicant are quite serious. 13. Further, however learned counsel for the applicant argued that at the time of incident applicant was not present in his home and he went to the house of his Mausi and during investigation Investigating Officer did not properly investigate the matter and submitted charge sheet in routine manner but in absence of any supportive evidence merely on the basis of bald defence taken by the applicant, entire prosecution case cannot be disbelieved. Considering the material available on record, prima facie, it cannot be said that applicant is innocent. 14. Therefore, considering the facts and circumstances of the case discussed above, in view of this Court, applicant is not entitled to be released on bail, at this stage. 15. Accordingly, the instant bail application stands rejected. BAIL No. 34723 of 2026 2 16. 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 29, 2026 Ankita BAIL No. 34723 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad