Jarasindhu Choubey Vs. Amesh Chaubey @ Amresh Kumar
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Head Note
The Code of Criminal Procedure, 1973 - Section 438
Accused said to be in love with the deceased and when he came to know that she was pregnant then he with the aid of the co-accused brought her out of her house and strangulated her to death in a the Rahar field and the dead body was stuffed in a sack and thrown in the river - Allegation against the accused of serious nature - High Court was not right or justified in passing the impugned order granting anticipatory bail to the accused - Bail to the other accused persons had already been dismissed by another Bench of the High Court - High Court has not given any cogent reason for granting the relief of anticipatory bail to accused - High Court has also observed that there was every possibility, rather probability, that the informant and his family members removed the deceased by killing her and disposing of the dead body granted anticipatory bail to respondent No. 1 was without any valid reason and it resulted in miscarriage of justice - Therefore impugned order passed without proper application of mind liable to set aside.
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