BAIL/33922/2026 of RAJU BHARTI Vs STATE OF U.P. on 22 September 2026

1. Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri Yogesh Dutta Mishra, learned counsel for the first informant, Sri Anand Pratap Singh, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 118 of 2026, under Section 80(2), 85 B.N.S. and Section 3/4 D.P. Act, P.S. Babhani, District Sonbhadra, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that the applicant is husband of the deceased and he has been falsely implicated though there is no material to show that soon before her death, she was subjected to cruelty for non-fulfillment of demand of dowry. It is further submitted that the deceased died due to hanging and as per the postmortem report of the deceased the cause of death is asphyxia due to antemortem hanging. Charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 24.06.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. On the other hand, learned counsel for the first informant as well as learned A.G.A. for the State have vehemently opposed the prayer for bail Versus Counsel for Applicant(s) : Manoj Kumar Srivastava, Satya Priya Upadhyay Counsel for Opposite Party(s) : G.A., Manjulesh Kumar Shukla, Yogesh Dutta Mishra Raju Bharti .....Applicant(s) State of U.P. .....Opposite Party(s)

and submitted that the deceased died within 7 years of her marriage under unnatural circumstances. He further submitted that statements of witnesses recorded during investigation show that the applicant had been continuously harassing the deceased for non-fulfillment of demand of dowry which resulted into her death, therefore, he is not entitled to be released on bail.

5. Considering the submissions of learned counsel for the parties and taking into account the fact that the applicant is husband of the deceased, who as per the postmortem report died due to asphyxia as a result of antemortem hanging within 7 years of her marriage and evidence collected during investigation shows that she was subjected to cruelty with regard to demand of dowry prior to her death, therefore, in view of presumption of dowry death under Section 118 of Bharatiya Sakshya Adhiniyam, 2023, this Court is not inclined to grant bail to the applicant.

6. Accordingly, the present bail application is rejected.

7. Application, if any, stands disposed of. September 23, 2026 SA BAIL No. 33922 of 2026 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad