Boby @ Raja Babu Vs State of U.P.

Neutral Citation No. - 2025:AHC:42375

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2680 of 2025

Applicant :- Boby @ Raja Babu Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan 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 M.P.S. Chauhan, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Boby @ Raja Babu , seeking enlargement on bail during trial in connection with Case Crime No. 311 of 2024, under Sections 498-A, 304-B, 323 IPC and 3/4 D.P. Act, registered at P.S. Akrabad, District Aligarh.

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The FIR of the matter was lodged on 06.06.2024 by Avanish Kumar against the applicant and seven other persons alleging therein that his sister Pooja was married to the applicant on 11.07.2021 after which she was being tortured and harassed for dowry. His mother had given Rs. 50,000/- a month before but the accused persons again started torturing and harassing her. She was even beaten and thrown out of the house after which the first informant and his family members counselled and then she started living in her matrimonial house. On 03.06.2024 at about 07:00 pm, the accused persons murdered his sister and hung her with fan. Report be lodged and action be taken.

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Learned counsel for the applicant submitted that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is submitted that the postmortem examination of the deceased goes to show that she committed suicide and died which is consistent injury received which was single ligature mark on her body and the cause of death was opined as asphyxia as a result of antemortem hanging. It is further

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submitted that co-accused Smt. Maya Devi/mother-in-law and Raju/father-in-law of the deceased have been granted bail by coordinate Benches of this Court vide orders dated 16.10.2024 and 23.10.2024 passed in Crl. Misc. Bail Application Nos. 37586 of 2024 (Smt. Maya Devi Vs. State of U.P.) and 38637 of 2024 (Raju Vs. State of U.P.), copy of the orders are annexed as annexure 5 and 6 respectively to the affidavit. It is further submitted that the deceased was a short tampered lady and she was alone in her matrimonial house after which she committed suicide and there was never any demand of dowry by the applicant, para 10 of the affidavit has been placed before the Court. It is submitted that the applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 11.06.2024.

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Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. There are allegations of demand of dowry against the applicant. It is submitted that co-accused who have been granted bail, are mother-in-law and father-in-law of the deceased and the applicant is the husband of the deceased and as such his case is distinguishable with that of co-accused. The death is unnatural in her matrimonial house within seven years of marriage. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected.

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the husband of the deceased. The death is unnatural. The deceased died within seven years of marriage. The said co-accused who have been granted bail, are mother-in-law and father-in-law of the deceased. There are allegations of demand of dowry against the applicant. I do not find it a fit case for bail.

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Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.

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The bail application is, accordingly, rejected .

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Order Date :- 24.3.2025 M. ARIF

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(Samit Gopal, J.)

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

Boby @ Raja Babu v. State of U.P.

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