JUDGMENT

H.K. Sema, J.—Leave granted.

2. The challenge in this appeal is to the other dated 7.9.2005 passed by the High Court of judicature at Allahabad in Criminal Misc. Bail Application No. 11884 of 2005 granting bail to the second respondent-accused.

3. We may at this stage, dispose of one of the arguments of Mr. Vijay Hansaria, learned senior counsel, for the second respondent-accused that the petition itself is not maintainable, as the same is not filed by an aggrieved party. This contention does not survive as by our order dated 30.9.2005 permission to file Special Leave Petition has already been granted.

4. Learned senior counsel on both sides have advanced arguments touching the merits of the case. We, however, refrain ourselves from making any observation on the merits of the case at this stage lest it may prejudice the case of the accused, as the trial is yet to commence. Suffice it is to say the High Court was not justified in admitting bail to the respondent.

5. The offence under which the respondent was charged is Section 302 read with 201 IPC in which the husband was the main accused and the wife was the co-accused.

6. Co-accused’s application was rejected by the High Court