C. T. RAVIKUMAR, RAJESH BINDAL
Aqeel Ahmad – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
RAJESH BINDAL, J.
1. Leave granted.
2. Challenge in the present appeals is to the orders1 [Dated 28.03.2023 passed in Crl. M.B.A. No. 13988 of 2023, dated 07.04.2023 passed in Crl. M.B.A. No. 14388 of 2023 and dated 14.12.2023 passed in Crl. M.B.A. No. 53539 of 2023, respectively] passed by the High Court.2 [High Court of Judicature at Allahabad] The Respondent No. 2 in each of the appeals, namely, Abdullah, Nasir and Muzammil were granted bail by the High Court. The challenge has been made by the informant.
3. The private Respondents herein are accused in FIR No. 0359 dated 15.10.2022 registered at Gambhirpur, Aazamgarh under Sections 147, 148, 149, 302, 336, 427 of IPC, registered on account of murder of Khursheed Ahmad.
3.1 In Criminal Appeal arising out of S.L.P. (Crl.) No. 8347 of 2023, initially respondent no. 2/Abdullah filed bail application before the Trial Court, which was rejected vide order dated 16.02.2023. Thereafter, he moved the bail application before the High Court, which was allowed vide impugned order dated 28.03.2023. The ground raised was that one of the co-accused/Neyaz Ahmad had been enlarged on bail by the High Court vide order dated 22.02.2023.3 [Pas
An undeserving bail order cannot be allowed to stand.
(1) Bail order should reveal factors that have been considered by Court for granting relief to accused. (2) Cancellation of bail – An unreasoned or perverse order of bail is always open to interferen....
Bail cannot be granted solely on ground of parity without considering relevant features of case.
(1) Once bail has been granted it would require overwhelming circumstances for its cancellation.(2) Bail can be revoked by a superior court when previous court granting bail has ignored relevant mate....
Bail – Provision for being released on bail draws appropriate balance between public interest in administration of justice and protection of individual liberty pending adjudication of case. Grant of ....
Bail – There cannot be any undue discrimination in matter of grant of bail.
Cancellation of Bail – Court while granting bail has not considered the nature and gravity of the accusations, severity of the punishment in the event of bail, likelihood of repetition of the offence....
(1) Court deciding bail application cannot grant bail to accused without having regard to material aspects of case.(2) Bail – Propensity of accused tampering with evidence and influencing witnesses i....
(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....
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