BOHATTI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 25/3/2022 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 Ss. 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 Ss. 302 and 120B IPC. Having gone through the impugned judgment and order passed by the High Court releasing the respondent No. 2 on bail, it can be seen that the High Court has not at all considered the seriousness and gravity of the offence alleged against the respondent No. 2. Even the High Court has not considered the relevant material forming the charge sheet. 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 under Ss. 302 and 120B IPC.

(3.) In view of the above facts and circumstances, the impugned judgment and order passed by the High Court releasing the respondent No. 2 on bail is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. The impugned judgment and order passed by the High Court releasing the respondent No. 2 - accused on bail in connection with Case Crime No. 1069 of 2014 for the offence under Ss. 302, 120B IPC, P.S. Baraut, District Baghpat is hereby quashed and set aside.