VidhiSangh

Supreme Court of India · 15/09/2022

YASHPAL SINGH versus STATE OF UTTAR PRADESH & ANR

[2022] 4 S.C.R. 835 · 2022 INSC 966

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Summary

Over a pending land dispute, the accused were alleged to have driven a tractor over the informant's standing crop at night to take possession, and then to have attacked the informant's family and villagers. The informant's brother was killed and several others seriously injured. Respondent No. 2 was named in the FIR. After the trial court refused bail, the Allahabad High Court granted it under Sections 147, 148, 149, 302, 307 and other IPC offences, merely recording the submissions and giving no independent reasons. The Supreme Court allowed the informant's appeal. The High Court ignored the nature and gravity of the offences and gave no cogent reasons. Its prima facie acceptance that identification was impossible on a dark night was unwarranted, since the accused were known to the complainant, there was prior enmity, and that was a defence for trial. The bail was cancelled.

Issues

  1. Whether the High Court could grant bail to an accused named in the FIR for murder and attempt to murder without considering the gravity of the offences and without giving reasons
  2. Whether a plea that identification was impossible on a dark night could be accepted at the bail stage

Provisions considered

Held

Result

Appeal allowed. The order granting bail to respondent No. 2 was set aside and he was directed to surrender forthwith.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 835.