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Supreme Court of India 2022-05-20 allowed

Deepak Yadav vs State of U.P. & Anr

Bench: 3 — Krishna Murari

In Brief

A man was shot and killed in Lucknow; his son filed an FIR naming the accused. The accused was arrested with a pistol and charged with murder. The High Court granted him bail on grounds of parity with a co-accused, without substantive reasoning. The Supreme Court held that bail cannot be granted arbitrarily or on parity alone, especially in serious offences. Courts must record reasoned decisions weighing nature of crime, evidence, criminal history, and danger to justice. The Court cancelled the bail, finding the High Court's order suffered from non-application of mind, and clarified that bail may be cancelled even without misuse if the original grant was unjustified.

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Criminal Procedure Bail Criminal Appeal Cancellation of Bail Discretion Administration of Justice

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