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DINESH MAHESHWARI, KRISHNA MURARI
Aminuddin – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
DINESH MAHESHWARI, J.
Leave granted.
2. The appellant, at whose behest FIR No. 438 of 2019 dated 10.07.2019 came to be registered at Police Station Kasganj, District Kasganj, Uttar Pradesh for offences under Sections 147, 148, 149, 302, 352 and 34 of the Indian Penal Code, 18601[‘IPC’, for short.], has preferred this appeal by permission and by special leave, in challenge to the order dated 03.12.2020, as passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 20894 of 2020.
2.1. By order impugned, the High Court has granted the concession of bail to one of the accused persons (respondent No. 2 herein), essentially on the consideration that identically placed co-accused persons had already been granted bail. The appellant has, inter alia, pointed out that the order granting bail to one of the alleged identically placed co-accused has been disapproved by this Court in the judgment and order dated 15.03.2021, as passed in Criminal Appeal No. 317 of 2021 arising out of SLP(Crl.) No. 6744 of 2020.
3. Briefly put, the relevant background aspects of the matter are as follows: The appellant had lodged the First Information Report on 10.07.2019 at a
Bail – There cannot be any undue discrimination in matter of grant of bail.
Bail cannot be granted solely on ground of parity without considering relevant features of case.
Court granting bail cannot obviate its duty to apply judicial mind and to record reasons, brief as they may be, for the purpose of deciding whether or not to grant bail.
(1) Judicial discretion in granting or refusing bail, as in case of any other discretion which is vested in a court as a judicial institution, is not unstructured.(2) Parity while granting bail must ....
The main legal point established in the judgment is that the seriousness of the offence, the nature of the evidence, and the likelihood of the accused interfering with the process of justice are cruc....
An appellate court will cancel bail if the lower court fails to provide reasoned orders, ignores material evidence, disregards an accused's contumacious conduct in evading legal processes, or misappl....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
The cancellation of bail granted to an accused will have an impact on the bail granted to co-accused also.
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