ASH MOHAMMAD Vs. RAJ SINGH @ LALLA BABU

JUDGEMENT

(1.) LEAVE granted.

(2.) THE present appeal by special leave has been preferred assailing the legal defensibility of the order dated 26.04.2012 passed in Criminal Application No. 28461 of 2011 by the High Court of Judicature at Allahabad and praying for quashment of the same, and further to cancel the grant of bail to the accused-respondent (hereinafter referred to as 'the accused ') in respect of offences punishable under Sections 365/506 of the Indian Penal Code (for short 'the IPC ').

(3.) QUESTIONING the justifiability of the impugned order Ms. Abha R. Sharma, learned counsel for the petitioner has contended that the High Court has absolutely misdirected itself by not appositely considering the statement recorded under Section 164 of the Code of Criminal Procedure, the gravity of the offences and criminal antecedents of the accused and further the affidavit filed by the prosecution bringing number of factors as a consequence of which an illegal order enlarging the appellant on bail has come into existence. The learned counsel submitted that the non- consideration of the material facts vitiates the order of the High Court and annulment of the same is the judicial warrant.