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2020 Supreme(All) 317

SAMIT GOPAL
Ganga Prasad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Suneel Kumar Rai
For the Respondents: G.A.

JUDGMENT :

1. Heard Sri Suneel Kumar Rai, learned counsel for the applicant, learned A.G.A. and perused the material on record.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ganga Prasad seeking enlargement on bail during trial in connection with case crime no.158 of 2016, under Sections 498-A and 302 I.P.C. and 3/4 of D.P.Act, P.S. Nohjhil, District Mathura.

3. Learned counsel for the applicant argued that the applicant has been summoned on the basis of an application under Section 319 Cr.P.C.. A first information report was lodged against six persons namely Premchandra Sharma, Ganga Prasad, Smt. Kamlesh, Smt. Dayawati, Bharatlal and Bhuvnesh and chargesheet was submitted against Premchandra and Smt. Dayawati only. Later on vide order dated 29.04.2019 Ganga Prasad-present applicant, Smt. Kamlesh, Bharatlal and Bhuvnesh were summoned under Section 319 Cr.P.C. for offence under Sections 498-A, 302 I.P.C. and 3/4 of D.P.Act on the basis of statement of P.W. 1 Vijay Kumar Lavaniya who is first informant and P.W.2 Km. Ravina.

4. He further argued that the applicant is Jeth of the deceased and is stated to have a separate living. It

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