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2013 Supreme(UK) 604

ALOK SINGH
Sandeep Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Pradeep Kumar Chauhan, Advocate for the applicant.
Mr. S.S. Adhikari, Brief Holder for the State of Uttarakhand/respondent.

Judgment :

This is a bail application seeking regular bail in Case Crime No. 478 of 2012 under Section 304-B IPC, Police Station Kotwali Jwalapur, District Haridwar.

2. Undisputedly applicant was sent to judicial custody, in the present case, on 20.12.2012. Undisputedly applicant moved an application seeking bail, under Section 167(2) of the Code of Criminal Procedure, since prosecution did not submit the charge-sheet within 60 days. Learned Sessions Judge rejected the bail application of the applicant on the ground that on 18.03.2013 itself charge-sheet was submitted by the prosecution, therefore, no benefit under Section 167(2) of the Code can be extended in favour of the applicant.

3. Section 304-B IPC reads as under:

304-B. Dowry death.–(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her dea
























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