Rinku Vs State of U.P.

Neutral Citation No. - 2025:AHC:50601

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8149 of 2025

Applicant :- Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Aditya Kumar Tripathi, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of BNSS has been filed by the applicant-Rinku, seeking enlargement on bail during trial in connection with Case Crime No.98 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Basrehar, District Etawah.

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The FIR of the matter was lodged on 22.10.2024 by Smt. Neelam against the applicant and three other persons alleging therein that her daughter Sharni @ Kajal was married to the applicant on 23.4.2021. After marriage there was demand of dowry by the accused persons and they used to assault and torture her. The accused persons have murdered her daughter on 19.10.2024. A report be lodged and action be taken.

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Learned counsel for the applicant argued that although the applicant is the husband of the deceased but his implication in the matter is on the basis of general and omnibus allegations. It is argued that although in the FIR there are three other accused persons apart from the husband but charge sheet has been submitted only against the applicant, Ranjeet Singh (father-in-law) and Smt. Fool Sri (mother-in-law) whereas Usha, the nanad of the deceased has been exonerated. It is argued that by way of development during investigation in the statement of the first informant, there is an allegation that a motorcycle and a gold chain has been demanded as dowry. It is argued that the deceased committed suicide and died which is suggestive from the postmortem report wherein the doctor found single ligature mark on her body and cause of death has been opined as asphyxia as a result of hanging. The victim was highly qualified girl and was

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doing private job in Gwalior with her sister and used to give her salary to her parents after which she started demanding money from her parents who did not return it due to which she was disturbed. Co-accused Ranjeet Singh, the father-in-law and Smt. Fool Sri have been granted bail by coordinate Bench of this Court vide orders dated 8.1.2025 passed in Criminal Misc. Bail Application Nos.285 of 2025 and 363 of 2025, copies of the said orders are annexed as Annexure No.6 to the affidavit filed in support of bail application. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit and is in jail since 25.10.2024.

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Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the husband of deceased who died within seven years of marriage in her matrimonial house, the death is unnatural. There was a demand of dowry. The co-accused who have been granted bail are the fatherin-law and mother-in-law of the deceased, as such the case of the applicant is distinguishable with that of co-accused. The bail application of the applicant be rejected.

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After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the husband of deceased. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. The case of the applicant is distinguishable with that of co-accused persons who have been granted bail.

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Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected .

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(Samit Gopal, J.)

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Order Date :- 8.4.2025 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Rinku v. State of U.P.

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Rinku v. State of U.P.

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