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2014 Supreme(SC) 892

DIPAK MISRA, UDAY UMESH LALIT
Neeru Yadav – Appellant
Versus
State of U. P. – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court emphasizes that while granting bail, it is essential to consider the likelihood of the offense being repeated and the potential for justice to be thwarted by the grant of bail (!) .

  • The distinction between misconduct of the accused after bail has been granted and supervening circumstances is critical; the former usually warrants cancellation, whereas the latter may justify interference only if the bail order is perverse or shows non-application of mind (!) .

  • The order granting bail must be based on a proper assessment of all relevant factors, including the nature of the offense, the severity of punishment, the evidence, and the possibility of tampering or intimidation of witnesses (!) - (!) .

  • The criminal history and antecedents of the accused are significant considerations. A person with a criminal record, especially involving heinous crimes, and who is a history-sheeter, generally does not deserve bail, particularly when the case involves serious charges such as firing in broad daylight resulting in death and injuries (!) (!) - (!) .

  • The principle of parity can be a factor in bail decisions; however, it is not an absolute rule and must be weighed against other relevant considerations, including the role of the accused and their criminal background (!) (!) .

  • The order of the High Court granting bail was found to be perverse and based on non-application of mind, especially given the accused’s criminal antecedents and the gravity of the offense, leading to the conclusion that such an order warrants setting aside (!) (!) .

  • The importance of individual liberty is acknowledged; however, it is not absolute and can be lawfully restricted when an individual poses a danger to society or has a history of serious criminal conduct (!) (!) .

  • The court underscores that the trial process remains unaffected by the cancellation of bail, and the accused must surrender to custody if directed, with the trial proceeding based on the evidence on record (!) .

  • Overall, the court highlights the necessity of careful, reasoned consideration of all relevant factors before granting or canceling bail, and it emphasizes that an order based on incomplete or irrelevant considerations is liable to be annulled (!) (!) .

Please let me know if you need a more detailed analysis or specific legal guidance.


JUDGMENT

Dipak Misra, J.

Leave granted.

2. The present appeal, by special leave, calls in question the legal substantiality and defensibility of the order dated 22.09.2014 passed by the High Court of judicature at Allahabad in Criminal Misc. Bail Application No. 31078 of 2014 whereby the learned Judge, in exercise of power under Section 439 of Code of Criminal Procedure, 1973 (Cr.PC) had admitted the 2nd respondent to bail in Crime No. 237 of 2013 instituted for offences punishable under Sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 of the Indian Penal Code (IPC).

3. As the impugned order would reveal, it was contended on behalf of the 2nd respondent that similarly placed co-accused, Ashok, had already been enlarged on bail by the High Court by order dated 23.9.2013 in Criminal Misc. Bail Application No. 21876 of 2013 and role of the accused-respondent No.2 was identical to that of Ashok Kumar and he should be released on bail. Thus the foundation of the prayer for grant of bail was on the bedrock of parity. The said prayer for grant of bail was opposed with vehemence by the learned A.G.A. contending, inter alia, that the accused had criminal antecedents and the










































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