Bohatti Devi vs The State of Uttar Pradesh & Anr.

Court

Supreme Court of India

Date

30 September 2022

Case No.

Criminal Appeal No. 1695 of 2022

Result

Allowed

Bench

M.R. Shah, Krishna Murari

Citation

[2022] 7 S.C.R. 283 : 2022 INSC 1052

Headnote

Penal Code, 1860 – ss.302, 120B – Bail – Respondent no.2accused granted bail by High Court – On appeal, held : No cogent reasons have been given by the High Court while releasing the respondent no.2 on bail, germane to the grant of bail and that too in a very serious offence u/ss.302 and 120B – Material and/or relevant aspects have been ignored by the High Court while releasing the respondent no.2 on bail – Further, while considering the parity with co-accused, it did not consider the role attributed to the said co-accused and the allegations against respondent no.2 – Impugned judgment set aside – Code of Criminal Procedure, 1973 – s.482.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 25.03.2022 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 4095 of 2022 by which the High Court has released the respondent No. 2 accused on bail in connection with the F.I.R. for the offence under Sections 302 and 120B IPC, the original complainant (now the State) has preferred the present appeal. 2. At the outset, it is required to be noted that the respondent No. 2 is facing the trial for the offence under S

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