Nipin Singh @ Vipin Singh v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47541 of 2023 Applicant :- Nipin Singh @ Vipin Singh Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged alleging that the marriage of the daughter of the informant was performed with the applicant around 16 months ago. It was alleged that they used to demand dowry. It was further alleged that on 4.6.2023, the applicant deliberately caused an accident with the use of a motorcycle and further threatened to eliminate the informant. The medical report on record does not indicate any substantial injury.

¶3The counsel for the applicant argues that on account of the matrimonial dispute, the FIR in question has been lodged.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the facts that prima facie, allegations in the FIR emanate matrimonial disharmony in between the parties, the medical reports do not support the prosecution version and the criminal history of the applicant has been disclosed in para 16 of the bail application. Accordingly, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Nipin Singh @ Vipin Singh be released on bail in FIR/ Case Crime No. 292 of 2023, under Sections 323, 504, 506, 307, 498A IPC & 3/4 Dowry Prohibition Act, P.S. Gagaha, District Gorakhpur, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 7.11.2023 S.A. High Court of Judicature at Allahabad