G. P. Mathur, J. - (1.) Leave granted.
(2.) This appeal, by special leave, has been preferred by the complainant, Sompal Singh (first informant) against the judgment and order dated 27-5-2004 of Allahabad High Court by which Sunil Rathi (respondent No. 1) has been granted bail in a case under Section 147/148/149/302/307/404/504 and 506 IPC.
(3.) Sunil Rathi had been initially granted bail by the High Court on 30-5-2003. This order was challenged by the complainant Sompal Singh by filing Special Leave Petition (Crl.) No. 2551 of 2003. The appeal was disposed of by this Court on 6-1-2004 and the relevant portion of the order is being reproduced below : "Having heard the learned counsel for the parties, we are satisfied that the disposal of the prayer for bail cannot be termed satisfactory. At least three flaws are apparent: (i) The fact that the accused is named in the F.I.R., (ii) the fact that the accused had several other accusations to his credit; and (iii) the fact that the co-accused was denied bail, have not received consideration at the hands of the High Court." The order dated 30-5-2003 was accordingly set aside and the bail application filed by respondent No. 1 was directed to be considered afresh by the High Court after affording the complainant and the State an opportunity of hearing. Thereafter, the bail application was again heard by the same learned Judge and the accused was granted bail by the order dated 27-5-2004 which is the subject-matter of challenge in the present appeal.;