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KRISHAN PAHAL
Abhishek Yadav @ Laloo – Appellant
Versus
State of U. P. – Respondent
Headnote: Read headnote
JUDGMENT
Krishan Pahal, J.
List has been revised.
2. Heard Sri. Sandeep Kumar Pandey, learned counsel for the applicant and Sri. R.P. Patel, learned A.G.A. for the State. Learned AGA has stated that he does not propose to file any counter affidavit, so no question of any rejoinder affidavit arises. The matter is being heard on merits.
3. The instant anticipatory bail application has been filed on behalf of the applicant, Abhishek Yadav, to release him on anticipatory bail in Case Crime No.138 of 2023, Under Sections 147, 323, 336, 308, 504 & 506 of I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station - Gopiganj, District - Bhadohi, till conclusion of trial.
Prosecution Story:
4. The FIR No. 0138 was lodged at P.S. Gopiganj, Bhadohi on 09.06.2023 at 17:33hrs with the allegations that Ishu Singh and Ritesh Yadav had an altercation in the night of 07.06.2023 which was reported by Ishu Singh at P.S. on 08.06.2023. Peeved by the said reporting, the named accused persons, Luvkush Yada
The principle of parity in bail applications mandates that co-accused in similar circumstances should be treated alike, ensuring consistency in judicial decisions.
Anticipatory bail and regular bail applications are distinct types, requiring different procedures for posting and consideration in relation to the same crime.
(1) Bail – Grant or refusal to grant bail lies within discretion of court – No precedent operates in a vacuum and must be co-related to extant facts.
(2) Roster – It is not for any Court, while re....
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....
(1) Disposal of bail applications – Constitutional Courts can lay down principles governing grant of bail or anticipatory bail – However, Constitutional Courts cannot interfere with discretion of our....
A litigant must approach the court with clean hands; suppression of material facts disqualifies them from receiving judicial relief.
Successive anticipatory bail applications should demonstrate substantial changes in circumstances; principle of parity does not justify granting bail if relevant roles differ and prior application wa....
(1) Contempt of court – A litigant who attempts to pollute stream of justice or who touches pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.
(2) Grant ....
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....
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