ORDER : 1.Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.02.2023 passed by the High Court of Judicature at Allahabad, passed in Criminal Misc. Bail Application No. 5775 of 2023, by which the High Court has enlarged the respondent No.1- accused - Neyaz Ahmed on bail in Case Crime No. 359 of 2022 for the offences under Sections 147, 148, 149, 302, 336 and 427 IPC and Section 7 of the Criminal Law Amendment Act, Police Station Gambhirpur, District Azamgarh, the original Complainant has preferred the said Appeal. 3. Having heard learned counsel for the respective parties and having gone through the impugned judgment and order passed by the High Court enlarging Respondent No.2 on bail, we are of the opinion that, while releasing Respondent No.2 on bail, the High Court has not at all considered the gravity and nature of the offences in which one person died and that the accused was facing the charge for the offence under Section 302 IPC. The High Court has also not taken into consideration the cause of death and the role attributed 2 to the respondent No.1-accused. It is to be noted that the chargesheet has been filed and despite that the High Court has not at all taken into consideration the relevant material forming part of the charge-sheet. 4. In view of the above and for the reasons stated above, the present Appeal succeeds. The impugned judgment and order passed by the High Court enlarging the respondent No.2-accused - Neyaz Ahmed on bail is unsustainable and the same deserves to be quashed and set aside and is, accordingly, quashed and set aside. 5. Respondent No.2-accused is granted 10 days’ time to surrender before the concerned Jail Authority. 6.The present Appeal is, accordingly, allowed.