Shilpa vs UT of J&K through SHO P/S Samba

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 148

JAVED IQBAL WANI
Shilpa – Appellant
Versus
UT of J&K through SHO P/S Samba – Respondent

Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate and Ms. Deepika Rajawat, Advocate
For the Respondent(s): Mr. A.M. Malik, Dy. AG

Judgment

Javed Iqbal Wani, J.—Through the medium of instant petition, petitioner seeks bail in anticipation of her arrest in FIR No. 0005/2021 dated 02.01.2021 for commission of offences punishable under Section 304-B IPC registered at Police Station, Samba.

2. The facts giving rise for filing of the instant petition as stated in the petition are that on false and frivolous grounds an FIR came to be registered against the petitioner in Police Station, Samba. The petitioner states to married to one Suresh Kumar in the year 2005 and remained occupied with her ailing child and hardly visited her parents and brother namely Abhishek Badyal who had been married to deceased Pallavi Gupta on 18.12.2018.

3. It is being stated that petitioner shared pleasant relationship with the deceased (her babi) having nothing ill about her in her heart or anything to seek or settle with her.

4. It is being stated that despite being innocent, petitioner was falsely implicated in the FIR by the father of the deceased who had been against his daughter’s marriage with the petitioner’s brother and is using the daughter’s death as a revenge against the petitioner and her family.

5. It is being further stated