Sarik Alias Shahrukh vs State of U.P.

This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sarik @ Shahrukh , seeking enlargement on bail during trial in connection with Case Crime No. 238 of 2025, under Sections 85, 80(2) B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Gulawathi, District Bulandshahar.

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The first information report of the present matter was lodged on 01.06.2025 by Shamshad against the applicant and 03 other persons alleging therein that the marriage of his sister Anjum was solemnized on 27.10.2024 with Sarik (the applicant) in which he had spent around 8-10 lakhs and given gifts & dowry but the accused persons were not happy with it and used to taunt her and assault her for dowry. He went to their house many times and made a complaint about it. On 31.05.2025 at about 10.15 am he received an information from Akbar the father-in-law of his sister that his sister has committed suicide who then disconnected the phone. The informant and other family members went there and found his sister to be dead. On asking about it from the accused persons they did not give any reply. A 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 applicant was not present at the place of incident at that point of time and since he is a door to door seller of cosmetics he left for his job in the early morning after which the deceased committed suicide

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BAIL No. 37583 of 2025

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2

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while he was on his job, paragraph 30 of the affidavit has been placed for the same. While placing paragraph 31 of the affidavit it is submitted that the deceased was a quarrelsome lady and wanted to live in her maternal house and often used to pressurize the applicant to leave his house and start living at her maternal house which was refused by him due to which she committed suicide. It is further submitted that the first information report is a concocted version in as much as the report was scribed by Anwar who is an Advocate and thus legal help was sought and then the present report has been lodged which contains totally false & incorrect version. It is further submitted that the fact the deceased committed suicide is also suggestive from the postmortem examination wherein the doctor found a single ligature mark on her body and the cause of death was opined as asphyxia as a result of antemortem hanging. It is submitted that although the applicant and 03 other persons are named as accused in the first information report but charge-sheet has been submitted only against the applicant whereas the 03 other persons have been exonerated, paragraph 23 of the affidavit has been placed. The applicant has no criminal history as stated in para 43 and is in jail since 04.06.2025.

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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. The deceased died within seven years of marriage. The applicant is named in the first information report and there are allegations of demand of dowry. The death is unnatural in the matrimonial house.

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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. The deceased died in her matrimonial house within seven years of marriage. The death is unnatural. The applicant is named in the first information report and there are allegations against him.

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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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October 29, 2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Sarik Alias Shahrukh v. State of U.P.

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Sarik Alias Shahrukh v. State of U.P.

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