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competition

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SUPREME COURT TYPING TEST BY ABHISHEK

created Sep 24th 2022, 07:00 by Abhishek Pathak


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Aminuddin Vs. State of Uttar Pradesh & Anr.
[Criminal appeal No. ........ of 2022 arising out of S.L.P. (Crl.) No. 5029 of 2021]
 
Dinesh Maheshwari, J.
 
1. Leave granted.
 
2. The appellant, at whose behest FIR No. 438 of 2019 dated 10.07.2019 came to be registered at Police Station Kasganj, Uttar Pradesh for offences under Sections 147,148,149,302,352 and 34 of the Indian Penal Code, 18601, has preferred this appeal by permission and by special leave, in challenge to the order dated 03.12.2020, as passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 20894 of 2020.
 
2.1 By order impugned, the High Court has granted the concession of bail to one of the accused persons (respondent No. 2 herein), essentially on the consideration that identically placed co-accused persons had already been granted bail. The appellant has, inter alia, pointed out that the order granting bail to one of the alleged identically placed co-accused has been disapproved by this Court in the judgment and order dated 15.03.2021, as passed in Criminal Appeal No.317 of 2021 arising out of SLP (Crl.) No. 6744 of 2020.
 
3. Briefly put, the relevant background aspects of the matter are as follows: The appellant had lodged the First Information Report on 10.07.2019 at about 09:08 p.m. with the allegations that his son Danish was attacked with knife and sharp weapons by as many as 7 persons when he was coming from his house for milking the cattle. It was further alleged that the victim Danish sustained grievous injuries because of such assault and died on the spot. Two persons, Nisar and Jalil, were said to be the eye -witness to the incident. As many as 8 ante-mortem injuries were detected on the person of the deceased, most of which had been either incise wounds or stab wounds on and around the neck and the chest. One of the accused persons, Imran, was arrested on 11.07.2019. As per the assertion of the Investigating Officer, the other accused persons, including the present respondent No.2, remained absconding therefor, non-bailable warrants and then, even proclamation under Section 82 of the Code of Criminal Procedure, 1973 were issued.

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