Sushant Kumar vs State of U.P.

Neutral Citation No. - 2025:AHC:53525

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6577 of 2025

Applicant :- Sushant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek 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 Abhishek, learned counsel for the applicant and Sri Ram Prakash Shukla, 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- Sushant Kumar , seeking enlargement on bail during trial in connection with Case Crime No. 169 of 2024, under Sections 80(2), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Adarsh Mandi Shamli, District Shamli.

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The first information report of the present matter was lodged on 21.09.2024 by Deepak Kumar against the applicant and 04 other persons alleging therein that his sister Deepa was married to the applicant around 20 months ago. He had given gifts and dowry of Rs. 7,00,000/- for a vehicle. The accused persons were demanding additional dowry and used to assault & torture her. There was demand of a car. On 18.09.2024 he received an information that his sister has been given poison. He reached there and found his sister to be unwell after she was taken to the hospital where she died.

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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 allegation regarding demand of dowry is false & baseless, the same has seen light for the first time when the present first information report has been lodged. It is submitted that the deceased was unable to conceive which was the reason for her being disturbed and under depression she committed suicide as she did not respond to the treatment. It is submitted that the applicant was not at the place of occurrence which is an alibi. The applicant has no criminal history as stated in para 22 and is in jail since 29.09.2024.

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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. It is submitted that there is an allegation of demand of dowry by the applicant and other co-accused persons. The deceased died within 20 months of marriage in her matrimonial house.

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The death is unnatural. It is submitted that there were three injuries found on the body of the deceased which were bluish & black in colour. It is submitted that the prayer for bail be rejected.

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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. There is an allegation of demand of dowry by the applicant and other co-accused persons. The deceased died within 20 months of marriage in her matrimonial house. The death is unnatural. There were three injuries found on the body of the deceased which were bluish & black in colour. In so far as alibi is concerned, the same is a matter of trial.

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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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Order Date :- 11.4.2025 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

Sushant Kumar v. State of U.P.

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Sushant Kumar v. State of U.P.

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