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VIPIN KUMAR versus STATE OF U.P.

High Court of Judicature at Allahabad

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Vipin Kumar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8343 of 2005 [2006] RD-AH 854 (12 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.  

Dt. 12.1.2006.

Rkb.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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