Yogesh Gautam Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34173 of 2025

Yogesh Gautam

.....Applicant(s)

HON'BLE SAMIT GOPAL, J.

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1. List revised.

Heard Sri Subhash Chandra Yadav, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

This bail application under Section 483 BNSS has been filed by the applicant Yogesh Gautam , seeking enlargement on bail during trial in connection with Case Crime No. 17 of 2025, under Sections 85, 80(2), 238 BNS and Section 3/4 D.P. Act, registered at P.S. Sikrara, District Jaunpur.

The FIR of the matter was lodged on 18.01.2025 by Sangeeta against the applicant and three other persons alleging therein that her daughter Pinki was married to the applicant around four years back. The applicant used to torture and assault her regarding which a case was filed before the concerned court and after order of the court he took her back in Vidai but still he used to assault her. On 16.01.2025 her daughter was taken back in Vidai by the applicant. On 18.01.2025 at about 06:00 am he received an information that her daughter has died. The accused persons have murdered her daughter. Appropriate action be taken.

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 first informant and her family members were present at the time of cremation of the deceased Pinki and no objection was raised at that time and it was only after her cremation, the FIR has been lodged. It is submitted that police during investigation has exonerated one of the named co-accused Palodhi but charge sheet has been filed against the applicant and Kavita Devi the nand of the deceased, para 12 of the affidavit has been placed before the Court. It is submitted

BAIL No. 34173 of 2025

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that the applicant has no criminal history as stated in para 14 of the affidavit and is in jail since 18.01.2025.

Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. Even prior to the present incident, there was a case instituted regarding torture and assault of the deceased in which after order of the concerned Court the applicant took her back after Vidai from her maternal house. The postmortem examination of the deceased were also not conducted as the applicant and his family members had not informed to any authorities and as such the cause of death could not be ascertained. The deceased died within four years under mysterious circumstances in her matrimonial house. 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.

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 applicant is named in the FIR and there are allegations of assault and torture the deceased. The deceased died within four years of marriage in her matrimonial house under mysterious circumstances. The cause of death could not be ascertained as postmortem could not be conducted as the body was cremated, subsequently, the FIR has been lodged. No ground for bail is made out. I do not find it a fit case for bail.