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2022 Supreme(SC) 1906

INDIRA BANERJEE, V. RAMASUBRAMANIAN
Vivekanand Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Mr. Shantanu Bansal, Advocate, for the Appellant; Mr. S.R. Singh, Sr. Advocate, Mr. Ajay Yadvocate, Advocate, Mr. Ankur Prakash, Advocate, Mr. R.K. Shukla, Advocate, Mr. Dinesh S.B., Advocate, Mr. Arup Ratan Dutta Choudhary, Advocate, Mr. Ravi Kumar Tomar, Advocate, for the 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

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