REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. __838__ OF 2009

ARISING OUT OF

SPECIAL LEAVE PETITION (CRL.) NO. 3572 OF 2008

Masroor

…

Appellant

Versus

State of U.P. & Anr.

…

Respondents

J U D G M E N T

D.K. JAIN, J.

Leave granted.

2.

Challenge in this appeal by the complainant is to the order

dated 10^th March, 2008 passed by a Single Judge of the High

Court of Judicature at Allahabad in Criminal Miscellaneous

Bail Application No. 4167 of 2008, granting bail to the second

respondent, Chhunnu @ Chhidda. The said respondent was

one of the persons named in FIR No.181 of 2007, registered

at Police Station Asmouli, District Moradabad against 22

persons. The FIR was initially registered for offences under

Sections 147, 148, 149 and 307 of the Indian Penal Code

(“IPC” for short), but subsequently, on the death of two

injured persons, Section 302, IPC was also added. The first

respondent is the State of U.P.

3.

Briefly stated, the background facts giving rise to the present

appeal are as follows:

On 18^th September, 2007, at about 5.25 p.m., an FIR was

lodged by the appellant with the said police station for an