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2019 Supreme(P&H) 1692

RAJ SHEKHAR ATTRI
Atul Gupta – Appellant
Versus
State of Punjab – Respondent


Advocates Appeaerd:Mr. A.P.S. Deol, Senior Advocate with Mr. Himmat Singh Deol, Advocate for the petitioner.
Mrs. Anu Chatrath, Addl. A.G., Punjab.

JUDGMENT

Mr. Raj Shekhar Attri, J. (Oral):- Above named accused Atul Gupta has preferred the instant petition under Section 439 Cr.P.C. for grant of bail in case FIR No.155 dated 10.04.2018, registered under Sections 304-B, 120-B IPC, at Police Station Civil Lines, Amritsar, District Amritsar.

2. This case relates to the death of Smt. Nitya Gupta, who died on 13.02.2018, by consuming aluminium phosphate, within seven years of her marriage.

3. Briefly stated, it is a case of the prosecution that the marriage between the deceased and Atul Gupta (petitioner) was solemnized on 04.12.2011. They were blessed with a son namely Mahir, aged about five years.

4. Smt. Nitya Gupta had died in her matrimonial home. However, intimation was given to her parents and also to the police. The inquest report was prepared.

5. Sh. Vinod Kumar, father of the deceased, had suffered a statement before the police wherein he has stated that he has only a doubt as to whether the death of Nitya Gupta had been caused due to torture or administration of poisonous substance.

6. Similarly, brother and cousin of the deceased namely Harshul and Manish Kumar Gupta son of Satish Kumar respectively suffered statements s

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