Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bail – Cancellation of – Allegedly a land dispute was going on between respondent no.2-original accused and original informant-Complainant – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bail – Cancellation of – Allegedly a land dispute was going on between respondent no.2-original accused and original informant-Complainant – It was also alleged that accused persons had attacked informant and other persons – In the said incident brother of informant died on the spot and others were seriously injured – FIR was registered – Respondent no.2 was arrested – Bail of respondent no.2 was rejected by the trial Court – High Court released respondent no. 2 on bail – Complainant approached Supreme Court and challenged the validity of grant of bail – Held: That on the day of incident, a tractor was driven over standing crops on the disputed land in question by the accused persons with intention to take over possession and all the accused persons were armed – Informant and others gathered at the spot and accused persons attacked them and in the said incident brother of informant died on the spot and others were seriously injured – The said aspect was not considered by the High Court – No reasons were given by the High Court while granting bail – Submission of the accused that there was dark night, therefore, it was not possible to identify the accused was accepted by the High Court without giving any reason – However, the accused persons were known to the informant as there was an previous enmity – Also, informant had specifically named accused persons in FIR – Nature and seriousness of allegations and gravity of offences also not considered by the High Court – Order and judgment of bail of the High Court unsustainable and set aside – Penal Code,1860 – ss. 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302 and 34. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 966 |
Petitioner | Yashpal Singh |
Respondent | State Of Uttar Pradesh & Anr |
SCR | [2022] 4 S.C.R. 835 |
Judgement Date | 2022-09-15 |
Case Number | 1509 |
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