Back
K. V. VISWANATHAN, PRASANNA B. VARALE
Aashish Yadav – Appellant
Versus
Yashpal – Respondent
| Table of Content |
|---|
| 1. incident detail regarding the bail application and the fir. (Para 2 , 3 , 4) |
| 2. details of co-accused bail orders and their implications. (Para 5 , 6) |
| 3. arguments regarding the differing culpability of the respondents. (Para 9 , 10) |
| 4. court's observations on the nature of evidence and application of bail. (Para 11 , 12 , 13 , 14 , 16 , 18) |
| 5. final ruling and directive on bail. (Para 20 , 21) |
JUDGMENT :
Prasanna B. Varale, J.
1. Leave granted
2. The present appeal arises from the Impugned Order dated 23/08/2024 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in Crl. Misc. Bail Application No.6946 of 2024, wherein the High Court allowed the bail application of the accused respondents on basis of parity observing that the other two co-accused in the case had already been granted bail on the same set of allegations. Aggrieved by the same, the Petitioner has preferred the present appeal.
3. The brief facts leading to the present appeal are as under-
It is the case of the Prosecution that on 28.11.2023 during a marriage procession, the accused respondents got into a fight with the victim, Aman Yadav, during which one person named Vicky @ Kartoos fired seven
In serious criminal cases involving conspiracy, bail should not be granted based solely on parity with co-accused; all evidence and potential for witness tampering must be thoroughly evaluated.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
Bail cannot be granted solely on ground of parity without considering relevant features of case.
Bail – Parity is not the sole ground on which bail can be granted – Court, while granting bail, has to consider a number of aspects – While utilizing parity as a ground for bail, same must focus on r....
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
(1) Habitual offenders having criminal proclivity should not be granted bail by Court.(2) Bail – Court must appreciate and consider nature of accusation and severity of punishment in case of convicti....
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
