Neeru Yadav Vs. State of U.P. & Anr.
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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 - Challenge as to -High Court has totally ignored the criminal antecedents of the accused who has 7 cases of serious nature pending against him - What has weighed with the High Court is the doctrine of parity - A history- sheeter involved in the nature of crimes which are not minor offences so that he is not to be retained in custody, but the crimes are of heinous nature - The law expects the judiciary to be alert while admitting these kind of accused persons to be at large and, therefore, the emphasis is on exercise of discretion judiciously and not in a whimsical manner - Order passed by the High Court liable to be set aside - If the respondent no.2 is at large, he shall be taken into custody forthwith; and if he is still in custody because of certain other cases, he shall not be admitted to bail in connection with the present case.
The Code of Criminal Procedure, 1973 - Section 439
Bail - Principle of Law - Held that while dealing with an application for grant of bail, it is the duty of the Court to take into consideration factors, (i) the nature of accusation and the severity of punishment in cases of conviction and the nature of supporting evidence, (ii) reasonable apprehension of tampering with the witnesses for apprehension of threat to the complainant, and (iii) Prima facie satisfaction of the court in support of the charge.
Topic(s)-Bail - Principle of Law - Bail cancelled