ITEM NO.40 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.11329/2023
(Arising out of impugned final judgment and order dated 11-07-2023 in CRMBA No. 27927/2023 passed by the High Court of Judicature at Allahabad)
AKRAM Petitioner(s)
VERSUS
STATE OF U .P & ANR. Respondent(s)
(IA No.171789/2023-EXEMPTION FROM FILING O.T. )

Date : 02-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. Abdul Qadir Abbasi, AOR
Mr. Zaid Arshad, Adv.
Mr. Himanshu Gupta, Adv.
Mr. Abu Affan Farooqi, Adv.

For Respondent(s) Mr. Ravindra Raizada, A.A.G.
Mr. Adarsh Upadhyay, AOR
Mr. Abhinav S Agarwal, Adv.
Mrs. Pooja Kabra, Adv.
Ms. Pallavi Kumari, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel appearing for the petitioner.
The submission of the petitioner is that the torso of the body of the deceased was recovered from the house of the co-accused and the remaining part of the body was recovered at the instance of
the respondent No.2. However, prima facie, the recovery is from a well in an open place which is accessible by all. That distinguishes the case of the applicant from the other accused.
Moreover, after 11h July, 2023, the respondent No.2 has not misused the liberty granted under impugned order. Hence, no case is made out to interfere with the impugned order.
In the event, the respondent No.2 misuses the liberty granted under the impugned order, an application for cancellation of bail can always be moved either by the petitioner or by the State.
The Special Leave Petition is dismissed.
Pending application(s) stand disposed of.
(RAJNI MUKHI) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
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