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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32442 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Abhishek Srivastava, learned counsel for the applicant, Sri Mukesh Kumar, learned counsel for the first informant (upon appearance filed today) and Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 698 of 2025, Under Sections- 85, 115(2), 80(2) of B.N.S (498A, 323, 304B of IPC) and u/s 3 and 4 of Dowry Prohibition Act registered at Police Station Sadar Bazar, District Saharanpur, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant is husband of the deceased and he has been falsely implicated though there is no material to show that soon before her death, she was subjected to cruelty for non-fulfillment of demand of dowry. It is further submitted that the deceased herself committed suicide by hanging after a petty dispute over household issues. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 26.11.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned counsel for the first informant and learned A.G.A. for the State have vehemently opposed the prayer for Versus Counsel for Applicant(s) : Abhishek Srivastava Counsel for Opposite Party(s) : G.A. Anuj Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
bail and submitted that the deceased died within 7 years of her marriage under unnatural circumstances. He further submitted that statements of witnesses recorded during investigation show that the applicant had been continuously harassing the deceased for non- fulfillment of demand of dowry which resulted into suicide by the deceased, therefore, he is not entitled to be released on bail. 5.
Considering the submissions of learned counsel for the parties and taking into account the fact that the applicant is husband of the deceased, who committed suicide by hanging within 7 years of her marriage and evidence collected during investigation shows that she was subjected to cruelty with regard to demand of dowry prior to her death, therefore, in view of presumption of dowry death under Section 118 of Bharatiya Sakshya Adhiniyam, 2023, this Court is not inclined to grant bail to the applicant. 6. Accordingly, the present bail application is rejected. 7. Application, if any, stands disposed of. September 14, 2026 S.C.
BAIL No. 32442 of 2026 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad