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2021 Supreme(Del) 521

MUKTA GUPTA
Amit Sharma – Appellant
Versus
State (Govt. of NCT Of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Pradeep Teotia, Advocate.
For the Respondent:Mr.Tarang Srivastava, Mr.Ravi Shankar Kumar, Advocate

JUDGMENT :

1. By this petition, the petitioner seeks regular bail in case FIR No. 468/2020 under Sections 304B/498A/34 IPC & 4 of the Dowry Prohibition Act registered at P.S. New Usmanpur.

2. Learned counsel for the petitioner contends that in the FIR and even in the statements recorded under Sections 161 CrPC and 164 CrPC, of the father of the deceased, who is the complainant and maker of the FIR, allegations if any have been levelled against the mother and sister of the petitioner and not against the petitioner. The mother and sister of the petitioner have already been granted anticipatory bail. No overt act or any role has been attributed to the petitioner alleging abetment of suicide.

Merely because just before the death, the petitioner and the deceased spoke on the mobile phone, it cannot be said to raise a suspicion that the petitioner instigated the deceased to commit suicide. There is no material to show that soon before the death of the deceased, the petitioner subjected the deceased to cruelty for demand of dowry. The petitioner has been in custody for more than one year and till date, even the charges have not been framed.

3. Learned APP for the State submits that immediatel

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