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2022 Supreme(J&K) 347

MOHAN LAL
Shilpa – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent


Advocates Appeared:
For the Petitioner: Sunil Sethi; Navyug Sethi.
For the Respondent: Ravinder Gupta.

JUDGMENT :

1. Petitioner/accused in terms of section 437 of Code of Criminal Procedure has sought the indulgence of this court for her enlargement on bail in case FIR No. 05/2021 for commission of offence u/s 304-B of IPC of Police Station Samba. It is averred, that petitioner/accused is a citizen of India and permanent resident of UT of Jammu and Kashmir, therefore, fully entitled to the protection of her fundamental rights including the right of freedom and liberty; that the petitioner/accused has been wrongly and falsely implicated in FIR No. 05/2021 registered with Police Station Samba for commission of offence punishable under Section 304B IPC; that the allegations against the petitioner/accused are that she and other co accused were alleged to have mentally and physically harassed the victim who was the sister-in-law of the petitioner (real brother's wife) which compelled her to take extreme step of committing suicide; that the petitioner happens to be the sister-in-law (nanad) of the deceased and was living at her matrimonial home situated at Hiranagar District Kathua with her husband and minor kid of four years of age, whereas, the deceased at the time of her death was livin

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