ATUL GUPTA @ BANTI Vs. STATE OF U P
LAWS(ALL)-2015-5-143
HIGH COURT OF ALLAHABAD
Decided on May 20,2015

Atul Gupta @ Banti Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

PRATYUSH KUMAR, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A.
(2.) ACCORDING to prosecution version, on 29.8.2013 at 11.00 p.m. from the house of the present applicant, situate at Buddheshwar Mohan Road within P.S. Para, District Lucknow, Smt. Julie was thrown from the window of the second storey of the house on the road by the present applicant (brother -in -law), husband and mother -in -law. Marriage of Smt. Julie has taken place in the month of July 2013. There are allegations that husband, present applicant and family members were harassing, beating and torturing Smt. Julie for dowry. The case was registered on 2.9.2013, under sections 498 -A, 323, 325, 307, IPC and section 3/4 Dowry Prohibition Act.
(3.) LEARNED counsel for the applicant in support of bail application submits that it is a matrimonial dispute. There are chances of conciliation. FIR is delayed, the victim herself jumped from the window to commit suicide. It was the husband and his mother, who took her to the treatment and saved her life. According to the statements of neighbours, fact of her jumping from the window on her own volition is established. On behalf of State and the Complainant bail has been vehemently opposed and it is argued that the victim/injured has not implicated her mother -in -law in throwing herself out of the window, which shows that she is stating the truth.;


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