NDLI: Deepak Yadav Vs. State of U.p. & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973 : s. 439 – Bail – Cancellation of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 : s. 439 – Bail – Cancellation of – Accused with the common intention to kill the victim, inflicted gun shot injuries to victim who later succumbed to his injuries – Before death, the victim gave statement naming the accused and the co-accused which was recorded by the DSP and SI – Criminal case against accused and co-accused u/ss. 302 and 34 IPC – Rejection of bail to the accused by the Sessions Court, however, granted by the High Court on the ground of parity as the co-accused was granted bail – Sustainbility of – Held: Not sustainable – In case of cancellation of bail, very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail, which was already granted – Cancellation of bail cannot be limited to the occurrence of supervening circumstances – Even in the absence of the supervening circumstances, the Court has the inherent powers and discretion to grant bail – On facts, High Court granted bail to the accused without considering the relevant facts and circumstances and appropriate evidence which proves that the accused was charged with a serious offence – Granting of bail on the basis of parity shows that the order suffers from the vice of non-application of mind rendering it unsustainable – Criminal history, nature of crime, material evidences and recovery of weapon from the possession of the accused not considered by the High Court – Thus, the order passed by the High Court set aside.
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2022 INSC 610
Petitioner	Deepak Yadav
Respondent	State Of U.p. & Anr
SCR	[2022] 4 S.C.R. 1
Judgement Date	2022-05-20
Case Number	861

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