Allahabad High Court
Anil vs State Of U.P. on 23 April, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:61578 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10421 of 2025 Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. No one appears on behalf of the applicant to press this application even in the revised list. Sri Ajay Singh, learned A.G.A.-I for the State is present.
3. Record shows that previously on 27.3.2025 there was no representation from the side of applicant and as a last opportunity in the interest of justice, the matter was adjourned and it was made clear that the matter would not be adjourned on the next date as a matter of right. The said order reads as under:-
"1. List revised.
2. No one appears on behalf of the applicant to press this bail application. Learned counsel for State is present.
3. The lawyers are abstaining from work today again which is continuing since 02:00 pm from 24.03.2025.
4. Although there is no representation from the side of the applicant but in the interest of justice as a last opportunity, the matter is adjourned for today.
5. Let the matter be listed on 23.04.2025 as fresh.
6. It is made clear that the matter will not be adjourned on the next date as a matter of right."
4. Today again there is no representation on behalf of the applicant even in the revised list.
5. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anil seeking enlargement on bail during trial in connection with Case Crime No. 414 of 2024, Case No. 2204 of 2024, under Sections 85, 80(2) and 115(2) Bhartiya Nyaya Sanhita (B.N.S.) and Section 3/4 Dowry Prohibition Act, registered at P.S. Ujhani, District Budaun.
6. Since there is no representation on behalf of the applicant, the present bail application is dismissed in non prosecution.
8. Pending application(s), if any, shall stand disposed of.
9. After this order was passed, Sri Nagendra Kumar Singh, learned counsel for the applicant appears and prays that the matter may be heard and decide on merits. Thus, the Court proceeds to hear and decided the matter on merits. The order dismissing the matter for non-prosecution is recalled.
10. Heard Sri Nagendra Kumar Singh, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.
11. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anil seeking enlargement on bail during trial in connection with Case Crime No. 414 of 2024, Case No. 2204 of 2024, under Sections 85, 80(2) and 115(2) Bhartiya Nyaya Sanhita (B.N.S.) and Section 3/4 Dowry Prohibition Act, registered at P.S. Ujhani, District Budaun.
12. The first information report of the present matter was lodged on 09.09.2024 by Sitaram against the applicant and 04 other persons alleging therein that the marriage of his daughter Kamlesh was solemnized with Anil (the applicant) around six years back. After marriage the accused persons used to torture & trouble her for dowry. There was demand of one Apache motorcycle and Rs. 02 lakh as dowry by the accused persons and due to non-fulfillment of the same, the accused persons on 08.09.2024 have murdered her. A report be lodged and action be taken.
13. Learned counsel for the applicant submitted that although the applicant is husband of the deceased but he has been falsely implicated in the present case. It is submitted that there has never been any demand of dowry either by the applicant or any of the co-accused persons. It is submitted that although the F.I.R. was lodged naming 05 accused persons but during investigation name of Vikas and Balkishan were dropped and charge sheet was submitted only against the applicant(husband), Vijaypal(father-in-law) and Heeravati (mother-in-law) of the deceased. It is submitted that the allegations in the F.I.R. are totally false and concocted. It is further submitted that although the deceased was found to have received injuries on her body but the same were sustained by her when her body was taken down from the hook, para-16 of the affidavit has been placed for the same. It is submitted that co-accused Vijaypal alias Brajpal(father-in-law) and Smt. Heeravati (mother-in-law) have been granted bail by a co-ordinate Bench of this Court vide order dated 03.1.2025 and 07.1.2025 passed in Criminal Misc. Bail Application No.47024 of 2024 and No.46529 of 2024 respectively, para-17 and annexure no. 7 to the affidavit have been placed before the Court for the same. It is submitted that the applicant is having no criminal history as stated in para-20 and is in jail since 25.09.2024.
14. Per contra, learned A.G.A. opposed the prayer for bail and submitted that the applicant is husband of the deceased. It is submitted that the deceased died in her matrimonial house and death is unnatural. It is submitted that there is allegation of demand of Apache motorcycle and Rs.2 lakh as dowry. It is submitted that the post mortem report of the deceased shows six injuries on her body and cause of death was opined as asphyxia due to ante mortem strangulation which cannot be as a result of suicide. It is submitted that the prayer for bail be rejected.
15. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is husband of the deceased. There is allegation of demand of dowry by the applicant and the co-accused persons. The deceased was found to have received six injuries on her body which are noted in the post mortem report which are as under:-
"1. Multiple Abraded Contusions in Front Of Neck in An Area Of 04cm x 04cm, Which is 04cm Below Front of Chin. On Cut Section Subcutaneous Tissue under it, is Ecchyosed, Effusion of Blood under Deeper Tissue Present.
2. Fractures Of Thyroid, Trachea And Hyoid Bones Present. Traches is Congested.
3. Lacerated Wound Of Size 01cm x 0.6cm Present On Right Forearm 04cm Above Right Wrist Joint.
4. Contusion Of Size 02cm x 01cm Present On Lateral Side Of Right Shoulder.
5. Contusion Of Size 02cm x 01cm Present On Lateral Side Of Right Leg 05cm Below Right Knee.
6. Contusion Of Size 09cm x 05cm Present On Back Of Right Thigh 04cm Above Right Knee."
16. Cause of death opined by the doctor is asphyxia due to ante mortem strangulation which cannot, in any manner, be self-sustained or be as a result of suicide. The said injuries can only be caused by external force.
17. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail.
18. The bail application is, accordingly, rejected.
(Samit Gopal,J.) Order Date :- 23.4.2025/Naresh