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2025 Supreme(SC) 808

K. V. VISWANATHAN, PRASANNA B. VARALE
Aashish Yadav – Appellant
Versus
Yashpal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Anuj Bhandari, AOR Mr. Manu Agarwal, Adv. Ms. Jahanvi Bhardwaj, Adv.
For Respondent(s): Mr. Roopansh Purohit, AOR Mr. Harsh Panwar, Adv. Mr. S. Udaya Kumar Sagar, AOR

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 :

1. Leave granted

3. The brief facts leading to the present appeal are as under-

4. During Investigation, three eyewitnesses were examined out of which two were injured by the bullets fired. The statements given by all the three eyewitnesses were consistent and converged to confirm the incident. Further, based on the information given by Vickky @ Kartoos in his statement under Section 27 of the Indian EVIDENCE ACT ,1872 the pistol/weapon from which shots were fired was recovered from the house of accused respondent No. 1. He also identified the location where the test shots were fired. Chargesheet was filed after completion of the investigation under Sections 3 41, 323, 307, 302, 120B, 147, 148, 149 of IPC and Sections 3 , 25, 5, 27 of ARMS ACT before the Learned Trial C

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