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2022 Supreme(SC) 974

DINESH MAHESHWARI, KRISHNA MURARI
Aminuddin – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant : Mr. Anilendra Pandey, AOR Mr. Wahid Hussain, Adv. Mr. Nadeem Hussain, Adv. Ms. Priya Kashyap, Adv. Mr. Sandeep, Adv.
For the Respondent: Mr. Shashank Shekhar Singh, AOR Mr. Aftab Ali Khan, AOR

JUDGMENT :

DINESH MAHESHWARI, J.

Leave granted.

2. The appellant, at whose behest FIR No. 438 of 2019 dated 10.07.2019 came to be registered at Police Station Kasganj, District Kasganj, Uttar Pradesh for offences under Sections 147, 148, 149, 302, 352 and 34 of the Indian Penal Code, 18601[‘IPC’, for short.], has preferred this appeal by permission and by special leave, in challenge to the order dated 03.12.2020, as passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 20894 of 2020.

2.1. By order impugned, the High Court has granted the concession of bail to one of the accused persons (respondent No. 2 herein), essentially on the consideration that identically placed co-accused persons had already been granted bail. The appellant has, inter alia, pointed out that the order granting bail to one of the alleged identically placed co-accused has been disapproved by this Court in the judgment and order dated 15.03.2021, as passed in Criminal Appeal No. 317 of 2021 arising out of SLP(Crl.) No. 6744 of 2020.

3. Briefly put, the relevant background aspects of the matter are as follows: The appellant had lodged the First Information Report on 10.07.2019 at a


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