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Supreme Court of India · 20/05/2022

DEEPAK YADAV versus STATE OF U.P. & ANR

[2022] 4 S.C.R. 1 · 2022 INSC 610

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Summary

The informant's father was shot on a bridge in Lucknow on 08.01.2021 and, before dying on 14.01.2021, named the accused Harjeet Yadav as the shooter to his wife in the presence of police officers; a country-made pistol with live cartridges was recovered on the accused's arrest and a charge sheet was filed under Sections 302/34 IPC. The Sessions Court refused bail, but the Allahabad High Court (Lucknow Bench) granted regular bail on the first day of listing, essentially on parity with a co-accused, without giving the State or the informant an opportunity to respond. The Supreme Court, in the informant's appeal, set the bail order aside for non-application of mind and directed the accused to surrender within a week.

Issues

  1. Whether the High Court was justified in granting regular bail under Section 439 CrPC to an accused named by the deceased as the shooter in a murder case, solely on the ground of parity with a co-accused, without recording reasons or considering the nature of the crime, the evidence, the recovery of the weapon and the accused's criminal history.
  2. On what grounds a superior court may set aside an order granting bail as unjustified or perverse, as distinct from cancelling bail for supervening circumstances or misuse.

Provisions considered

Held

Result

Appeal allowed; the Allahabad High Court (Lucknow Bench) order of 22.10.2021 in Bail No. 11848 of 2021 set aside, the accused's bail bonds cancelled and he directed to surrender within one week, failing which the police are to take him into custody; the trial to proceed uninfluenced by these observations.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 1.