Shamsher vs State of U.P.

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9315 of 2025

Applicant :- Shamsher Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Singh 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 Sanjay Kumar Singh, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

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This bail application under Section 439 Cr.P.C./483 of B.N.S.S. has been filed by the applicant Shamsher , seeking enlargement on bail during trial in connection with Case Crime No. 200 of 2024, under Sections 498-A, 304B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Kerakat, District Jaunpur.

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The FIR of the matter was lodged on 05.06.2024 against the applicant and four other persons by Pintu Kumar alleging therein that his daughter Karishma aged about 23 years was married to applicant on 19.11.2023. After marriage her in-laws started demanding dowry and she was tortured many times. The matter was also settled between them many times but on 05.06.2024 in the night, the accused persons murdered his daughter. FIR 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 deceased committed suicide by consuming poison and died. It is submitted that there is no visible external mark seen all over body surface area of deceased and the cause of death could not be ascertained and viscera was preserved which after examination was found to be containing Organophosphorus insecticide poison. It is submitted that the deceased used to talk a boy and had left the house with him and after her recovery in the presence of the first informant, ex-village pradhan and independent witnesses a compromise was entered and executed, para 12 and 13 and annexure 6 and 7 of the affidavit have been placed before the

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Court. It is submitted that the same was the reason for the deceased to commit suicide since she was not happy with marriage. It is submitted that the applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 06.08.2024.

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Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant is the husband of the deceased. The deceased died within seven months of marriage. The death is unnatural. The applicant is named in the FIR and there are allegations against him. 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.

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After having heard learned counsels for the parties and perusing the records, It is evident that the the applicant is the husband of the deceased. The deceased died within seven months of marriage in her matrimonial house. The death is unnatural. The cause of death could not be ascertained and viscera was preserved which after examination was found to be containing Organophosphorus insecticide poison. I do not find it a fit case for bail.

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Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.

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The bail application is, accordingly, rejected .

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Pending application(s), if any, shall stand disposed of.

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Order Date :- 20.3.2025 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Shamsher v. State of U.P.

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Shamsher v. State of U.P.

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