RISHIPAL Vs. RAJU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment of the Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No 49007 of 2020. The first respondent sought bail under Sec. 439 of the Code of Criminal Procedure during the pendency of the trial arising out of Case Crime No 116 of 2020 for alleged offences punishable under Ss. 147, 148, 149, 323, 307, 302 read with Sec. 34 of the Indian Penal Code (registered at police station Singhwali Ahir, District Baghpat). The application was allowed by the High Court.

(3.) Prior to the judgment of the High Court dtd. 9/11/2021, this Court in its judgment dtd. 5/3/2021 (Rishipal @ Rishipal Singh Solanki vs. Amardeep and Others[1]) had occasion to consider the correctness of an order dtd. 23/11/2020 granting bail to the co-accused, Amardeep and Bhushan arising out of the same FIR. By the judgment of this Court dtd. 5/3/2021, the order of the High Court granting bail was set aside.