Criminal Appeal No. 2143
of 2011 (Special Leave Petition (CRL.) No.7351 of 2011)
Momin Khan Versus
State of U.P.& ANR.
O R D E R
1.
Leave
granted.
2.
This
appeal is directed against the order dated 18.07.2011 passed by the High Court
of Judicature at Allahabad, Lucknow Bench, Lucknow in Criminal Miscellaneous
Case No.6657 of 2010.
3.
Heard
learned counsel for the parties to the lis.
4.
We
have also perused the First Information Report that was lodged before the
police authorities. In our opinion, in the facts and circumstances of the case,
the High Court ought not to have granted bail to respondent no.2 herein. In
that view of the matter, we allow this appeal and set aside the order passed by
the High Court.
5.
However,
we grant liberty to respondent no.2 to make appropriate application for grant
of bail after two years. Ordered accordingly.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW
DELHI;
NOVEMBER
18, 2011.
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