NITU KUMAR Vs. GULVEER

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 21/7/2022 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 11120 of 2022, by which, the High Court has directed to release respondent No. 1 - accused on bail in connection with Case Crime No. 80 of 2021 for the offence punishable under Sec. 302 IPC of Police Station Rohata, District Meerut, the original complainant has preferred the present appeal.

(2.) That on 19/6/2021, on the report of the informant - Nitu Kumar, an FIR being Case Crime No. 80/2021 under Sec. 302 IPC of Police Station Rohata, District Meerut, came to be registered against accused Shekhar, Gulveer (respondent No. 1 herein) and one another person. During the course of the investigation, statement of eye­witness - Narender has been recorded. In his statement under Sec. 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the co­accused Shekhar caused the injury on the neck of the deceased. In the FIR, the motive was also alleged. That respondent No. 1 came to be arrested on 24/6/2021. On conclusion of the investigation and based on the statements of informant, witnesses and on the basis of evidence collected during the investigation, a chargesheet has been filed for the offence punishable under Sec. 302 of IPC.

(3.) In view of the above and for the reasons stated above, the present appeal succeeds. The impugned judgment and order passed by the High Court releasing respondent No. 1 ­ accused on bail in Case Crime No. 80/2021 of Police Station Rohata, District Meerut for the offence punishable under Sec. 302 IPC is hereby quashed and set aside.