Neeru Yadav Vs. State of U.P. and another
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Head Note
The Code of Criminal Procedure, 1973 - Section 439 , Indian Penal Code,1860 - Section 147 , Section 148 , Section 149 , Section 302 , Section 307 , Section 394 , Section 411 , Section 454 , Section 506 , Section 120-B , Section 34
Bail - Grant of - Parity - Challenge as to - As per the allegations 2nd respondent had fired at the deceased - Two persons were also injured in the attack - The occurrence took place in the broad day light - As per the FIR and statement recorded under Section 161 CrPC, the allegations against Ashok and the 2nd respondent are different - That apart, the number and nature of crimes registered against the 2nd respondent speaks voluminously about his antecedents - 2nd respondent was a history sheeter - Held that it was imperative on the part of the High Court to scrutinize every aspect and not capriciously record that the 2nd respondent is entitled to be admitted to bail on the ground of parity -I t was not a case of parity and, therefore, the impugned order clearly exposes the non- application of mind - Impugned order liable to be set aside.
Topic(s)-Bail - Parity - Bail cancelled