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2021 Supreme(All) 321

SANJAY KUMAR PACHORI
Vijay Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For The Appellant : Adeel Ahmad Khan, Janardan Shukla, Neeraj Singh
For The Respondent: G.A.

JUDGMENT :

Sanjay Kumar Pachori, J.

Heard Sri Neeraj Singh learned counsel for applicant and Sri Sanjay Kumar Singh, learned A.G.A. and perused the material brought on record.

The present first bail application has been filed on behalf of applicant (husband) with a prayer to release him on bail in Case Crime No. 132 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Gauri Bazar District- Deoria, during pendency of trial.

The submission advanced by learned counsel for applicant; he is innocent and has falsely been implicated in the present case during the course of investigation. It has been further contended that the applicant is husband and not named in the F.I.R. The charge sheet has been filed under Sections under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act only against the applicant. The marriage of the deceased was solemnized with applicant on 19.05.2015 and from the wedlock of the applicant and the deceased, they have a new born daughter of 10 days and she is living with applicant in applicant's house. The incident took place on 28.04.2017 at 04:00 A.M. and the dead body of the deceased was found inside the railway track

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