Dismissed¶¶15

Afsaar v. State of U.P.

Bail rejected – dowry death case

Allahabad HC30 Apr 2025BAIL/14534/2025

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Case brief

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What is this about?

Bail application rejected; Section 483 BNSS 2023; Sections 498-A, 304-B IPC; Section 3/4 Dowry Prohibition Act; dowry death; unnatural death within seven years of marriage; chlorpyrifos insecticide poison in viscera; no external injuries; parity with co-accused denied; husband distinguished from father-in-law co-accused Munne @ Munne Mistri (Crl. Misc. Bail Application No. 13403 of 2024, order dated 05.04.2024); Case Crime No. 319 of 2022; Police Station Puramufti; District Prayagraj; FIR by Ali Hasan dated 04.11.2022; applicant Afsaar in jail since 19.07.2023; Justice Samit Gopal; order date 1.5.2025; Neutral Citation 2025:AHC:68787.

What did the court decide?

The Court found it not a fit case for bail and rejected the bail application. ¶¶15

Afsaar Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the applicant Afsaar, arraigned in Case Crime No. 319 of 2022 under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Puramufti, District Prayagraj, should be enlarged on bail during trial. +1 more

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Court's answer

The Court found it not a fit case for bail and rejected the bail application.

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Ratio / Principle

Grounds for refusal: the applicant is the husband of the deceased and there are allegations of demand of dowry, torture and harassment against the applicant and other co-accused persons.

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Key takeaways

The Court recorded that the deceased died an unnatural death within seven years of marriage in her matrimonial house.ratio¶¶14
The Court noted that although no injury was found on the body of the deceased, the preserved viscera, on examination, was found to contain chlorpyrifos insecticide poison.ratio¶¶14
The applicant's case was held distinguishable from that of the co-accused who had been granted bail (the father-in-law of the deceased), because the applicant is the husband of the deceased; parity was therefore declined.

Detailed headnote1 paragraphs

Bail rejected — dowry death case — Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act — Section 483 B.N.S.S., 2023. The Allahabad High Court (Samit Gopal, J.) rejected the bail application of Afsaar, the husband of the deceased, involved in Case Crime No. 319 of 2022, Police Station Puramufti, District Prayagraj. The deceased died on 04.11.2022, within seven years of her marriage (solemnized 09.01.2022), in her matrimonial house; no injury was found on her body but the preserved viscera contained chlorpyrifos insecticide poison, with an allegation of dowry demand (motorcycle), torture and harassment. Rejecting the parity plea founded on bail granted to co-accused Munne @ Munne Mistri, the father-in-law of the deceased, by a co-ordinate Bench on 05.04.2024 in Crl. Misc. Bail Application No. 13403 of 2024, the Court held the applicant's case distinguishable since he is the husband of the deceased. Applicant in custody since 19.07.2023.

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Neutral Citation No. - 2025:AHC:68787

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14534 of 2025

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Applicant :- Afsaar Opposite Party :- State of U.P. Counsel for Applicant :- Aashish Kumar,Akanksha Maurya,Manoj Kumar Verma,Milind Sen Bauddha Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Sri Imtyaz Ahmad, Advocate appears on behalf of the first informant files vakalatnama in Court which is taken on record.

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Heard Sri Manoj Kumar Verma, learned counsel for the applicant, Sri Imtiyaz Ahmad, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Afsaar , seeking enlargement on bail during trial in connection with Case Crime No. 319 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Puramufti, District Prayagraj.

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The first information report of the present matter was lodged on 04.11.2022 by Ali Hasan against five persons including the applicant and two unnamed nand alleging therein that the marriage of his daughter was solemnized with Afsaar (the applicant) on 09.01.2022 according to Muslim rites and rituals. He had given gifts and dowry more than his status. After marriage there was a demand of a motorcycle by the accused persons. Due to non fulfillment of the said demand, the accused persons used to torture & assault her. On 04.11.2022 at about 01:00 pm, he was given information that his daughter has died. The accused persons have murdered her due to non fulfillment of dowry. FIR be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that

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although the applicant is the husband of the deceased but he is not involved in the matter. It is submitted that the allegations as levelled against the applicant and other co-accused persons are general and omnibus in nature. It is submitted that the deceased was not found to have received any injury on her body and the viscera was preserved which after examination was found to contain chlorpyrifos insecticide poison in it. It is further submitted that co-accused Munne @ Munne Mistri the father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 05.04.2024 passed in Crl. Misc. Bail Application No. 13403 of 2024 (Munne @ Munne Mistri Vs. State of U.P), copy of the order has been produced before the Court which is taken on record. It is submitted that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 19.07.2023.

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Per contra , learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the husband of the deceased. It is submitted that the deceased died an unnatural death within seven years of marriage in her matrimonial house and there is an allegation of demand of dowry against the applicant and other co-accused persons.

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After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. There is an allegation of demand of dowry, torture and harassment by the applicant and other co-accused persons. The deceased died an unnatural death within seven years of marriage in her matrimonial house. Although the deceased was not found to have received any injury on her body and viscera was preserved which after examination was found to contain chlorpyrifos insecticide poison in it. The case of the applicant is distinguishable with that of co-accused who has been granted bail is the father-inlaw of the deceased and the applicant is the husband of the deceased.

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Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected .

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Pending application (s), if any, shall stand disposed of.

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Order Date :- 1.5.2025 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Afsaar v. State of U.P.

Case brief

What is this about?

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Afsaar v. State of U.P.

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