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2009 Supreme(SC) 839

R.M.LODHA, D.K.JAIN
Masroor – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Appellant :Manoj Goel, Gopal Verma, Wajat Shafig, Brij Bhusan, Advocates.
For the Respondents:S.K. Agarwal, Ratnakar Dash, Sr. Advs., Rauf Rahim, Y. Bansal, Kamlendra Mishra, Rajeev Dubey, Advocates.

JUDGMENT

D.K. Jain, J.—

1. Leave granted.

2. Challenge in this appeal by the complainant is to the order dated 10th 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 18th September, 2007, at about 5.25 p.m., an FIR was lodged by the appellant with the said police station for an incident which took place at about 3.30 p.m. at village Asmouli. The case was registered as Crime Case No. 347 of 2007. It was reported that at about 3.30 p.m., on that day the appellant had gone to the shop of one Anzar s/o Mehboob where one Basiruddin @ Lala also came


























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