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2026 DAILYLAW 9844 (ALL)

MUKUL v. STATE OF U.P.

BAIL/26116/2026 · 2026-09-29

Arun Kumar Singh Deshwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26116 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Shiv Pratap Singh Rathore, learned counsel for the applicant, 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 during the trial in Case Crime No.286 of 2025, under Sections 85, 80 (2), 238, 352, 3(5) B.N.S. and Section 3/4 of D.P. Act, Police Station Dhampur, District Bijnor. 3. Contention of counsel for the applicant is that the applicant is husband of the deceased. He has been falsely implicated. The deceased died under unnatural circumstance. It is further submitted that on the basis of general and vague allegation, the applicant has been falsely implicated, though in the FIR as well as in the statement of witnesses, no specific time and date has been mentioned for demand of dowry, therefore, the allegation of demand of dowry is absolutely false and the applicant has been falsely implicated. Applicant has no criminal history. He is languishing in jail since 28.07.2025. In case the applicant is released on bail, he will not misuse the liberty of bail and would cooperate in the investigation/trial proceedings. 4. Per contra, learned A.G.A. vehemently opposed the prayer for bail and submitted that the deceased died under unnatural circumstance within seven years of her marriage and there was consistence statement of first Versus Counsel for Applicant(s) : Krishna Kanhaiya Soni, Shiv Pratap Singh Rathore Counsel for Opposite Party(s) : G.A. Mukul .....Applicant(s) State of U.P. .....Opposite Party(s) informant and other family members of the deceased that the deceased was subjected to cruelty for non-fulfillment of demand of dowry. It is further submitted that the deceased was cremated without informing to her parents, therefore, the applicant is not entitled to be released on bail. 5. Considering the aforesaid submissions of learned counsel for the parties and taking into account that the deceased died under unnatural circumstance within seven years of her marriage and there is material showing that the deceased was subjected to cruelty soon before her death for non-fulfillment of demand of dowry; also taking into account that the deceased was cremated without informing to her parents, therefore, this Court is not inclined to release the applicant on bail, at this stage. 6. Accordingly, the bail application is rejected. September 30, 2026 CS/- BAIL No. 26116 of 2026 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad