BIPIN KUMAR YADAV @ VIPIN YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/381/2025 · 2025-04-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136988 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136988 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24716 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 381 of 2025 Applicant :- Bipin Kumar Yadav @ Vipin Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Santosh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Santosh Srivastava, the learned counsel for the applicant, Sri Anurag Verma, the learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No. 260 of 2024, under Sections 498-A, 323, 504, 506, 376 I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Malihabad, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.08.2024 against six persons, including the applicant, her father, mother, elder brother, sister and one Khemraj Kodia, friend of the applicant's brother, stating that the informant came into contact with the applicant's brother Dharmendra Kumar Yadav through a matrimonial website. The applicant's brother had proposed to marry the informant but she declined. However, as Dharmendra Kumar Yadav had blackmailed her she married him on 02.024.20217 in Arya Samaj Mandir, Aliganj but she and her husband continued to live in their respective houses. They disclosed their marriage to their family members after marriage of the informant's elder
brother in the year 2018, whereafter their family members agreed to host a reception on 26.02.2020. Thereafter, the accused persons started pressurizing her for demanding dowry. She alleged commission of rape by the applicant in the matrimonial home in the night of 14.02.2024. Several other allegations have also been levelled in the F.I.R.
4. In the statement of the victim recorded under Section 180 BNSS she reiterated her earlier version. 5. The informant declined to undergo medico legal examination. 6. In the statement of the victim recorded under Section 183 BNSS also she reiterated her earlier version. 7. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 28 years, he is innocent, he has been falsely implicated in the present case because of certain matrimonial disputes between the informant and her husband and he has no criminal history. 8.
The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations levelled against the applicant are serious in nature which have been supported by the informant in her statement recorded under Section 180 BNSS and 183 BNSS. He has submitted that the investigation of the case is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. discloses matrimonial dispute between the parties; that the allegation against the applicant relates to 14.02.2021, whereas the F.I.R.
has been lodged on 25.08.2024; that besides statements of victim there is no other material to support the allegations levelled against the applicant; coupled with the fact that the applicant is a young man having no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Bipin Kumar Yadav @ Vipin Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and
(v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 30.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench