Abhishek vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 43617 of 2025

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Abhishek

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.....Applicant(s)

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Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Bharat Singh
Counsel for Opposite Party(s) : G.A.
Court No.- 66

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Bharat Singh, 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- Abhishek , seeking enlargement on bail during trial in connection with Case Crime No. 571 of 2024, under Sections 85, 80 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Sikanderarau, District Hathras.

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The first information report of the present matter was lodged on 25.10.2024 by Rajnikant against the applicant, Ajant Singh the fatherin-law, Smt. Sushma Devi the mother-in-law alleging therein that his sister Shivani aged about 23 years was married to the applicant Abhishek on 07.05.2021 as per Hindu rites & customs. In the marriage he had spent about Rs. 5 lakhs and given gifts and dowry. The accused used to assault and torture his sister and were not satisfied with the dowry given therein and there was a demand of a bike and Rs. 01 lakh cash from her. They used to physically and mentally torture and assault her. On 24.10.2024 they murdered his sister and with the help of saree hung her.

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Learned counsel for the applicant submits that although the applicant is the husband of the deceased but he has been falsely

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BAIL No. 43617 of 2025

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2

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implicated in the present case. It is submitted that the trial in the present matter has started in which Rajnikant the first informant has been examined as P.W.-1 who has not supported the prosecution case and has been declared hostile, Shailendra Kumar the uncle of the deceased has been examined as P.W.-2 who has also not supported the prosecution case and has been declared hostile. It is submitted while placing the statement of the first informant that he has stated that some unknown person entered in the house and assaulted his sister due to which she died. It is submitted that thus the implication of the applicant in the present matter is without any credible evidence. The applicant has no criminal history as stated in para 28 and is in jail since 19.11.2024.

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Per contra, learned counsel for the State vehemently opposed the prayer for bail. It is submitted that the applicant is the husband of the deceased. There are allegations in the first information report and also in the statements of the first informant and other witnesses during investigation implicating the applicant and co-accused. It is submitted that the doctor conducting the postmortem examination of the deceased found 01 contusion, 01 contused swelling and 02 abrasions on the body of the deceased which have been noted as under:-

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"1. Contusion mark on left side neck, 2cm below angle of mandible in size of 2cm x 1cm.

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2.Contused swelling 5cm x 4 cm present over occipital region on dissection hematoma present.

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3. Abrasion 5cm x 2cm present on left lower back region, just above buttocks.

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4. Abrasion 4cm x 1cm present on middle part of back of chest."

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It is further submitted that the cause of death has been opined as asphyxia due to antemortem strangulation. It is submitted that the deceased was assaulted on her head as the injury no.2 as noted by the doctor on the occipital region was found to have had hematoma present in it and even the cause of death was strangulation which shows that she was assaulted and strangulated which in no manner is consistent with suicide. It is submitted that in so far as the two witnesses examined in the trial court are concerned, they are wholly untruthful witnesses as they were not present at the place of occurrence and their giving a statement that some person entered in

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BAIL No. 43617 of 2025

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3

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the house and assaulted the deceased and murdered her is clearly showing tampering of evidence as they during investigation supported the prosecution case. It is submitted that as such looking to the injuries received by the deceased, the fact that the applicant is the husband of the deceased, the allegations in the first information report against him and further the conduct of the two witnesses examined in the trial, the present bail application be dismissed.

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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, he is named in the first information report and there are allegations against him. The deceased died an unnatural death within seven years of marriage in her matrimonial house and there are allegations of demand of dowry, harassment and torture by the applicant and other co-accused persons. The deceased was found to have received 04 injuries on her person. One injury was found to have had an internal damage which was hematoma present in the occipital region. The cause of death is strangulation due to asphyxia which shows that she was assaulted and then strangulated. The two witnesses examined in the trial were not eye-witnesses or present at the place of occurrence. The law with regards to consideration of statements of witnesses who have turned hostile is trite. Merely, a witness turning hostile does not in itself show the falsity of the case, the same has to be judged by the trial court at the appropriate stage. No ground for bail is made out.

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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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December 10, 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

Abhishek v. State of U.P.

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Abhishek v. State of U.P.

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