Allahabad High Court
BAIL/29331/2026 of HARIOM RAJBHAR Vs STATE OF U.P. on 22 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29331 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Avinash Kumar Dixit, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 2. Instant bail
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29331 of 2026
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
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1. Heard Sri Avinash Kumar Dixit, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 291 of 2025, under Sections 85, 80(2), 238 & 3/4 D.P.Act, Police Station Kaptanganj, District Kushinagar.
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 under unnatural circumstances. 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 20.07.2025. 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 A.G.A. for the State vehemently opposed the prayer for bail 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, therefore, he is not entitled to be released on bail.
5. Considering the submissions of learned counsel for the parties and taking Versus Counsel for Applicant(s) : Avinash Kumar Dixit, Venu Gopal Counsel for Opposite Party(s) : G.A. Hariom Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s)
into account the fact that the applicant is husband of the deceased, who died under unnatural circumstances within 7 years of her marriage and also cremated in absence of her parents 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. September 23, 2026 A.Kr. BAIL No. 29331 of 2026 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad