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2022 Supreme(SC) 996

M. R. SHAH, KRISHNA MURARI
Bohatti Devi – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Atul Kumar, Adv. Mr. Abhimanyu Sharma, Adv. Ms. Deepali, Adv. Mr. Tarun Gupta, AOR
For the Respondent(s): Mr. Vinod Diwakar, AAG Mr. Sarvesh Singh Baghel, AOR Mr. B.N. Dubey, Adv. Mr. Divyanshu Sahay, Adv. Mr. Rakesh Khanna, Sr. Adv. Mr. Abhishek Chauhan, Adv. Mr. Virendra Singh, Adv. Mr. Ashutosh Dubey, AOR Ms. Rajshri Dubey, Adv. Mr. Amit P. Shahi, Adv. Mr. H.B.Dubey, Adv. Mr. Manish Dhingra, Adv. Mr. Amit Kumar, Adv. Ms. Ramya Khanna, Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.03.2022 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 4095 of 2022 by which the High Court has released the respondent No. 2 accused on bail in connection with the F.I.R. for the offence under Sections 302 and 120B IPC, the original complainant (now the State) has preferred the present appeal.

2. At the outset, it is required to be noted that the respondent No. 2 is facing the trial for the offence under Sections 302 and 120B IPC. Having gone through the impugned judgment and order passed by the High Court releasing the respondent No. 2 on bail, it can be seen that the High Court has not at all considered the seriousness and gravity of the offence alleged against the respondent No. 2. Even the High Court has not considered the relevant material forming the charge sheet. No cogent reasons have been given by the High Court while releasing the respondent No. 2 on bail, germane to the grant of bail and that too in a very serious offence under Sections 302 and 120B IPC.

2.1 The High Court has also not considered the fact that earlier the r

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