NDLI: Sonu Vs. Sonu Yadav and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973 –
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s. 439 – Unnatural death of married woman within a year of marriage – Charge-sheet against her husband (first respondent) for offences u/ss.498-A and 304-B IPC and ss.3 and 4 of Dowry Prohibition Act – Bail application of first respondent rejected by Sessions Judge – Bail application u/ s.439 CrPC before High Court – High Court allowed the application – Justification of – Held: In view of the provisions of s.304-B IPC, as well as the presumption arising u/s.113-B of Evidence Act, the High Court, on facts, was clearly not justified in granting bail – Prima facie, there were serious allegations in the FIR in regard to harassment suffered by deceased in close proximity to her death over demands for dowry by the accused – Submission in support of bail as recorded by High Court was that deceased was undergoing treatment for a mental illness – Medical prescription, submitted before the Court, however, prima facie indicates that there was no serious ailment – Also, the order of High Court did not contain the kind of reasoning expected of a judicial order – The High Court merely recorded the rival submissions, and, without any evaluation of the same, proceeded to grant bail without due application of mind to the relevant facts and circumstances as well to the provisions of the law – Grant of bail to first respondent accordingly stand set aside – Bail – IPC – ss.498-A and 304B – Dowry Prohibition Act, 1961 – ss.3 and 4. Bail – Evaluation of rival submissions – Requirement of – Held: The rival submissions have to be evaluated and not merely recorded by the court – While it is true that at the time of considering an application for bail, the High Court would not be required to launch into a detailed enquiry into the facts which have to be determined in the course of trial, equally an application of mind by the High Court to the rival submissions is necessary – Code ofCriminal Procedure, 1973 – s. 439. ABail – Reasoned bail orders – Necessity of – Held: An orderwithout reasons is fundamentally contrary to the norms which guidethe judicial process – While the reasons may be brief, it is the qualityof the reasons which matters the most – That there has been ajudicious application of mind by the judge who is deciding anapplication u/s.439 CrPC must emerge from the quality of thereasoning which is embodied in the order granting bail – Reasonsin support of orders granting bail comport with a judicial processwhich brings credibility to the administration of criminal justice –Judgment / Order – Reasoned order – Code of Criminal Procedure,1973 – s. 439 – Administration of Justice.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 225
Petitioner	Sonu
Respondent	Sonu Yadav And Another
SCR	[2021] 7 S.C.R. 78
Judgement Date	2021-04-05
Case Number	377

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Sonu Vs. Sonu Yadav and Another

Please Log-in to view this content

Sonu Gupta Vs. Deepak Gupta & Ors.

Neeru Yadav Vs. State of U.p and Another

Prakash Chand Sachdeva Vs. State and Another

Sonu @ Subhash Kumar Vs. State of Uttar Pradesh & Anr.

Saranya Vs. Bharathi and Another

Bhuvaneshwar Yadav Vs. State of Bihar and Ors.

Kuldip Yadav & Ors. Vs. State of Bihar

Gajraj Yadav Vs. Rajendra Singh @ Deena & Ors.

Achpal @ Ramswaroop & Another Vs. State of Rajasthan

Sonu Vs. Sonu Yadav and Another

Sonu Vs. Sonu Yadav and Another

Please Log-in to view this content

Similar Documents

Sonu Gupta Vs. Deepak Gupta & Ors.

Neeru Yadav Vs. State of U.p and Another

Prakash Chand Sachdeva Vs. State and Another

Sonu @ Subhash Kumar Vs. State of Uttar Pradesh & Anr.

Saranya Vs. Bharathi and Another

Bhuvaneshwar Yadav Vs. State of Bihar and Ors.

Kuldip Yadav & Ors. Vs. State of Bihar

Gajraj Yadav Vs. Rajendra Singh @ Deena & Ors.

Achpal @ Ramswaroop & Another Vs. State of Rajasthan

Sonu Vs. Sonu Yadav and Another