S. A. BOBDE, A. S. BOPANNA, V. RAMASUBRAMANIAN
Sudha Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
1. Leave granted.
2. This is a criminal appeal filed against the order of the Allahabad High Court granting bail to the accused who has been arrested with respect to the offence punishable under Section 3 (1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.
3. The appellant is the wife of a deceased victim namely Rajnarain Singh who has been allegedly murdered by the accused, who is Respondent No. 2 herein, in conspiracy with others. A First Information Report bearing Case Crime Number 200 of 2015, P.S. Sodhari, District-Azamgarh, was registered in that regard and a charge sheet for offences under Sections 120-B and 302 of the Indian Penal Code, 1860 and Sections 3 and 25 of the Arms Act, 1959 was filed against the accused. The accused is alleged to be a contract killer and a sharpshooter. In fact, previously, the accused has been prosecuted in fifteen cases for serious offences including murder, attempt to murder and criminal conspiracy.
4. According to the prosecution, the accused along with other persons operate an organized crime gang in Azamgarh that allegedly commits offences punishable under Chapters 16, 17 and 22 of the Indian Penal Code. The v
(1) Bail should not be granted to contract killers.(2) Liberty is important, even that of a person charged with crime but it is important for courts to recognise potential threat to life and liberty ....
The court emphasized the balance between individual liberty and societal safety in granting bail under certain conditions as established in statutory law and precedent.
(1) Grant of bail – While liberty is sacrosanct, it cannot be construed in a manner that dilutes seriousness of heinous or grave offences or undermines public confidence in administration of justice.....
The main legal point established in the judgment is that the mere pendency of a criminal case may not automatically invoke the provisions of the U.P. Gangster and Anti Social Activities (Prevention) ....
Grant of anticipatory bail – Although grant of bail is a discretionary exercise, Courts must be cautious to exercise this discretion judiciously – Balance has to be struck to protect individual liber....
Point of Law : Grant of Bail - there is only one case pending against the applicant and that too of a criminal conspiracy, the twin conditions referred to in Section 19(4) of the U.P. Gangster and An....
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