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SAMIT GOPAL
Shailesh Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Samit Gopal, J.
List revised.
2. Heard Sri. Satya Dheer Singh Jadaun, learned counsel for the appellant, Sri. Vikas Yadav, Advocate holding brief of Sri. Vishveshwar Mani Tripathi, learned counsel for the opposite party no.2 and Sri. Ajay Singh, learned A.G.A.-I for the State and perused the record.
3. This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order 13.03.2024 passed by Special Judge (S.C./S.T.) Act, Deoria in Case Crime No. 03 of 2023, under Sections 302, 147, 323, 427, 504, 506 I.P.C. and 3 (2) 5 of S.C./S.T. Act, Police Station Madanpur, District Deoria.
4. The prosecution story, as unfolded in the F.I.R., is that on 13.1.2023 at about 3.30 p.m. the motorcycle of Ketak, son of the informant, hit Ugrasen Yadav but the matter was pacified, however, after sometime the named accused persons carrying lathi, danda with them and abusing the informant by his caste name, as he belongs to SC/ST community, started beating Ketan Prasad and Lalita Devi, wife of the informant, with intention to kill and the motorcycle was also damag
The court emphasized the principle of parity in bail applications, allowing bail when co-accused with similar roles have been granted bail, highlighting the absence of evidence suggesting tampering.
Cancellation of bail – There is clear distinction between cancellation of bail on the considerations provided under Section 439(2) Cr.P.C. and reversal of order of bail by superior Court.
(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 court established that the bar on bail under the Atrocities Act does not apply to applications made under Sec. 439 of the CrPC, and emphasized the importance of distinguishing between instigation....
In serious charges like murder, bail cannot be granted based on trial delays; the nature of the offence dictates the court's discretion over bail.
The severity of the crime, the criminal record of the applicant, and the possibility of influencing witnesses are significant factors in determining bail eligibility.
(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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