Anil Kumar Vs State of U.P.

Neutral Citation No. - 2025:AHC:105953

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22343 of 2025

Applicant :- Anil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Tiwari,Vinay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Vinay Kumar Pandey, learned counsel for the applicant 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- Anil Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 94 of 2024, under Sections 85, 64, 352, 108 B.N.S. and & Section 3/4 Dowry Prohibition Act, Police Station Narwal, District Kanpur Nagar.

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The first information report of the present matter was lodged on 27.07.2024 by Mukesh Kumar against the applicant and 07 other named persons and 4-5 unknown friends of Neeraj alleging therein that his sister was married with Pankaj. The accused persons used to taunt her and trouble her for dowry and there was demand of motorcycle on which she used to console them that things would become alright with passage of time. Around 2^1/2 years back her husband had gone outside the country to work. Anil her devar committed rape upon her around three months back which was opposed by her and was told to the family members and her husband on which they threatened her. They then sprinkled petrol on her and set her on fire.

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Learned counsel for the applicant submitted that the applicant is the devar of the deceased. It is submitted that the deceased gave a dying declaration in which false and concocted story has been mentioned in as much as she states of being raped 3-4 days before the said statement. It is submitted that the same is against the version of the first information report. It is submitted that the applicant was present at his place of work and a certificate to the said effect was issued by his employer. It is further submitted that the applicant is a handicapped person. It is next submitted that the deceased died due to burn injuries and the cause of death was opined as septicemia antemortem burn injuries. The applicant has no criminal history as stated in para 22 and is in jail since 31.07.2024.

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Per contra, learned counsel for the State vehemently opposed the prayer for bail

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and argued that the applicant is named in the first information report and there are allegations levelled against him of rape on the victim. It is submitted that even the victim in her dying declaration has levelled allegation of rape against the applicant. It is submitted that although the matter was initially registered in the first information report under Sections 85, 64, 352, 115(2), 109, 351 (3) B.N.S. and & Section 3/4 Dowry Prohibition Act, but after charge-sheet it was converted into a case under Sections 85, 64, 352, 108 B.N.S. and & Section 3/4 Dowry Prohibition Act. It is submitted that the action of the applicant in committing rape upon the deceased was sufficient for her to commit suicide since he is the devar.

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After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the devar of the deceased. He is alleged to have committed rape upon her after which she committed suicide. The dying declaration of the deceased also implicates the applicant. No ground for bail is made out.

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