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2019 Supreme(All) 1904

RAM KRISHNA GAUTAM
Lavink Tyagi – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
Harish Chandra Shukla, Adv., Manoj Kumar Rai, Adv.

JUDGMENT :

Ram Krishna Gautam, J.

Vakalatnama filed today by Sri Akhilesh Kumar Singh and Sri Harish K. Yadav on behalf of O.P. No. 2 is taken on record.

2. Heard learned counsel for applicant, learned AGA for the State and learned counsel for O.P. No. 2 over this application under section 438 Cr.P.C. by Lavink Tyagi moved for grant of anticipatory bail in Case Crime No. 1290 of 2019, u/s 420, 376, 493, 494, 495, 496 I.P.C., P.S. Kotwali Shamli, District Shamli.

3. Learned counsel for applicant argued that accused applicant is innocent. He has been falsely implicated in this very case crime number, whereas the complainant herself is a Police Constable, well educated and law knowing lady. The alleged occurrence is said to be of the year 2014, whereas this report has been lodged in the year 2019. There was no misconception of fact regarding marriage entered in between nor there was any deception nor there was any unreasonable belief about the fact stated by the complainant. It has specifically been stated in the F.I.R. lodged upon her written report as well as in her statement recorded u/s 164 Cr.P.C. that she entered in marriage with applicant Lavink Tyagi and she was blessed with a son

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