INDIRA BANERJEE, V. RAMASUBRAMANIAN
Vivekanand Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Indira Banerjee, J.
Leave granted.
2. This appeal is against an order dated 27th May 2022 passed by the High Court of Judicature at Allahabad allowing the application being Cr.P.C. No. 3340 of 2022 filed by the Respondent No.2 for Anticipatory Bail under Section 438 of the Code of Criminal Procedure (Cr.P.C.) in relation to Case Crime No.100 of 2022 filed against the Appellant, inter alia, under Sections 147, 148, 149, 352, 323, 306, 504 and 506 of the Indian Penal Code (IPC).
3. It is the case of the prosecution that the Respondent No.2 along with other accused persons killed the deceased, sister of the Appellant-Complainant, by pouring kerosene oil on her and setting her on fire. The incident took place on 11th February 2022. She died on 18th February 2022 while undergoing medical treatment at the hospital in Gorakhpur, Uttar Pradesh. The First Information Report lodged by the Complainant on 11th February 2022, reads :-
"There was a dispute going on with my neighbour Vijaynath Mishra regarding ancestral land Deeh Abadi. In this regard, a case is pending before the Ld. Civil Judge Sr. Div., Basti Court despite this, today, on 11.02.2022, during day time, the opposite party Shr
Mahipal v. Rajesh Kumar and Anr. reported in (2020) 2 SCC 118
Mohd. Amir Rashadi v. State of U.P.
P. Chidambaram (supra) reported in (2020) 13 SCC 791
Prabhakar Tewari v. State of U.P. and Anr. reported in (2020) 11 SCC 648
Prasanta Kumar Sarkar v. Ashis Chatterjee and Anr. reported in (2010) 14 SCC 496
Ram Govind Upadhyay v. Sudarshan Singh and Ors. reported in (2002) 3 SCC 598
Sanjay Chandra v. Central Bureau of Investigation
Siddharam Satlingappa Mhetra v. State of Maharashtra & Ors. reported in (2011) 1 SCC 694
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