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2022 Supreme(SC) 1567

A. M. KHANWILKAR, J. B. PARDIWALA
Mohammad Azam Khan – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Mr. Kapil Sibal, Sr. Advocate, Mr. Lzafeer Ahmad B. F., Advocate, Mr. Nizam Pasha, Advocate, Mr. Aditya S., Advocate, For the Appellant / Mr. S.V. Raju Ld. ASG, (Sr. Advocate, ) Smt. Garima Parshad AAG, (Sr. Advocate, ) Mr. Rajiv Kumar Dubey, Advocate, Mrs. Priyanka Singh, Advocate, Mr. Ajay Vikram Singh, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 10-05-2022 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No. 40580/2021.

3. In this appeal, the observations made by the High Court, which are unrelated to decide the bail application filed by the appellant and the extraneous conditions imposed for grant of interim/regular bail, has been made subject matter of challenge.

4. At the outset, we must record that neither the State nor the complainant is in appeal against the order passed in favour of the appellant by the High Court directing his release on interim/regular bail in terms of the impugned order.

5. This is yet another matter where we find that the High Court has referred to matters which are unrelated to the consideration of prayer for bail in reference to the crime registered against the concerned accused.

6. The High Court having noted the stand taken by the appellant ought to have dealt with only those aspects of the matter and not ventured into issues which were completely unrelated to the consideration of prayer for bail much less to impose conditions way beyond the need for ensuring the pre

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