Vikas Nishad Vs State of U.P.

Neutral Citation No. - 2025:AHC:134823

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20014 of 2025

Applicant :- Vikas Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay 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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Heard Sri Rajeev Upadhyay, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of BNSS has been filed by the applicant-Vikas Nishad, seeking enlargement on bail during trial in connection with S.T. No.1389 of 2022, Case Crime No.119 of 2022, u/s 498-A, 323, 304-B IPC and 3/4 D.P. Act, P.S. Daraganj, District Prayagraj.

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This is a second bail application. The first bail application of the applicant was dismissed for non prosecution vide order dated 3.4.2025 passed by this Court passed in Criminal Misc. Bail Application No.41152 of 2023.

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The FIR of the matter was lodged on 1.6.2022 by Reena Nishad against the applicant and four other persons alleging therein that the marriage of her daughter Anchal Nishad was solemnized with the applicant on 30.11.2020 in which gifts and dowry along with house-hold articles were given. The accused persons were not satisfied with the said dowry and were demanding additional dowry and they used to torture and harass her due to which she committed suicide and died. A report be lodged and action be taken.

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Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is argued that the FIR and the statement of the first informant does not speak as to what was the actual demand of dowry. Subsequently the prosecution story come up with the demand of motorcycle, Rs. 40,000/- cash, 2.5 kg. silver as dowry from the deceased. The deceased died by committing suicide as is evident from the postmortem examination report

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wherein the doctor found two ligature mark on her body and cause of death was opined asphyxia as a result of hanging. It is argued that trial in the present matter is going on in which four prosecution witnesses namely Reena (P.W.1), Bachcha Nishad (P.W.2), Buddha Sen (P.W.3) and Deepak Kewat (P.W.4) have been examined, para 22 of the affidavit in support of bail application and annexure no.10 has been placed before the Court being the statement of the said witnesses. It is further submitted that coaccused persons namely Shiv Darshan Nishad (father-in-law) and Anita Devi (mother-in-law) have been granted bail by coordinate Benches of this Court vide orders dated 15.12.2022 and 22.12.2022 in Criminal Misc. Bail Application Nos.56274 of 2022 and 57427 of 2022, the said orders are being annexed as annexure no.11 to the affidavit in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 29 of the affidavit and is in jail since 3.6.2022.

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Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. The deceased died and unnatural death within one year and six months of her marriage in her matrimonial house. The trial in the matter is going on in which four witnesses have been examined who have supported the prosecution version, as such bail application of the applicant be rejected.

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After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. The trial in the matter is going on in which four witnesses have been examined who have supported the prosecution version. The deceased died and unnatural death within one year and six months of her marriage in her matrimonial house.

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

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(Samit Gopal, J.)

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Order Date :- 8.8.2025 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Vikas Nishad v. State of U.P.

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Vikas Nishad v. State of U.P.

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