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Vipin Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8343 of 2005  RD-AH 854 (12 January 2006)
Court No. 19
Crl. Misc. Bail Application No.8343 of 2005
Vipin Kumar .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant is involved in case crime No. 138 of 2004, for the offence under Sections 498-A,304-B I.P.C. and ¾ Dowry Prohibition Act, Police Station B.B.Nagar, district Bulandshahr.
It is alleged that the marriage was solemnized within 7 years of the incident and immediately thereafter an additional demand of dowry of 4-5 buffalo and Rs. 50,000/- cash was made and when the same was not fulfilled the members of the in-laws family started harassing and ultimately killed by setting her on fire after pouring kerosene oil.
In respect of genuineness of the prosecution case and involvement of the accused it was pointed out by learned counsel for the applicant that first informant father, mother and also brother-in-law and sister-in-law of the victim have not supported the prosecution case, in the substantive statements adduced by them before the trial court, copies whereof have been filed as annexures SA-1 to SA-4. They have categorically stated that neither any additional demand of dowry was made nor any consequent harassment was meted out to the victim. They also stated that while boiling milk on stove she accidentally caught fire and died.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments advanced on behalf of the applicant in respect of the points discussed herein above, having regard to the substantive statements of the aforesaid 4 witnesses including father, mother, brother and Bhabhi of the victim, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
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