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2022 Supreme(SC) 1544

INDIRA BANERJEE, V. RAMASUBRAMANIAN
Indresh Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Mr. Manan Kumar Mishra, Sr. Advocate, Mr. Durga Dutt, Advocate, Ms. Anjul Dwivedi, Advocate, Mr. Vaibhav Shukla, Advocate, For the Appellant / Mr. Ankit Goel, Advocate, Mr. Salman Khurshid, Sr. Advocate, Ms. Tehsheema Z. Hussain, Advocate, Mr. Aman Khullar, Advocate, Ms. Lubna Naaz, Advocate, For the Respondent.

JUDGEMENT

Indira Banerjee, J. - Leave granted.

2. This appeal is against an order dated 15th December, 2021 passed by the High Court of Allahabad granting bail to the respondent-accused who was arrested in connection with Crime Case No. 08 of 2019 under Sections 302, 201, 376 read with 120B of the Indian Penal Code and under Sections 5 and 6 of the Protection of Children from Sexual Offences Act (POCSO) for alleged rape and murder of an eleven year old child being the daughter of the appellant.

3. The High Court held:

    "Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3) SCC 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

    Accordingly, the bail application stands allowed.

    Let the applicant Mintu @ Jitendra involved in the aforesaid crime be released on bail on executing a personal b

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