VIPIN v. STATE OF U.P. THRU. PRIN. SECY. HOME, LUCKNOW
BAIL/7750/2024 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148405 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148405 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27976 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7750 of 2024 Applicant :- Vipin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Sumit Chauhan,Suresh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Suresh Kumar Gupta learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.04 of 2024 under Sections 498-A, 304-B of IPC & Section 3/4 of D.P. Act registered at Police Station- Mohammadi, District- Kheri.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.01.2024 against the applicant, his father, mother and sister, stating that the informant got his daughter married to the applicant; that all the accused persons used to harass her for demanding dowry and had beaten her to death.
4. The postmortem examination report mentions a ligature mark around the neck of the dead body running obliquely upwards, which was interrupted on right side of neck, a contusion of size 1 X 1 cm present just below the chin and the cause of death has been opined to be Asphyxia due to antemortem hanging.
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
6. The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of charge- sheet dated 16.01.2024 against the applicant and his parents.
7. The applicant's mother and father, namely, Chandrashree and Chetram have already been granted bail by means of orders dated 01.04.2024 & 15.05.2024 passed by Co-ordinate Bench of this court in Crl. Misc. Bail Application Nos.3488 of 2024 and 5222 of 2024 respectively.
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR levels similar allegations against all the accused persons, the allegations against the two co-accused persons could not be established during investigation and the other co-accused persons have already been granted bail, I am of the view that the aforesaid
facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case on the ground of parity.
10. Accordingly, this bail application stands allowed.
11. Let the applicant- Vipin be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.]
Order Date :- 12.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench