A bail matter where the accused is punished under Section 302 of the Indian Penal Code. The Supreme Court set aside the order passed by the High Court granting bail to the accused under Section 439 of Cr. P.C.

This judgment defined the principles and criteria to be taken into account by the respected courts while deciding on the grant, denial, or cancellation of bail.

Deepak Yadav v. State of UP. & Anr

Case Details:
Bench: N.V. Ramana, CJ., Krishna Murari, J., Hima Kohli, J.
Date: 20.05.2022
Citation: (2022) 8 SCC 559

Brief Facts

1. Virendra Yadav, father of Deepak Yadav, on his way back home, was shot in his right cheek, hence he was severely injured at first but later died due to the injuries from the bullet shot.
2. Virendra Yadav at the hospital told his wife Sunita Yadav that he was shot by accused Harjeet Yadav and one, Sushil Yadav, and there were two other accomplices present there.
3. A charge sheet was filed against accused Harjeet Yadav and co-accused Sushil Yadav.
4. A bail application was filed by the accused before the Session Judge, Lucknow and the same was rejected on the ground that he was charged based on the information provided by the deceased Virendra Yadav itself and the same is backed by the evidence.
5. Accused filled out a Regular Bail Application before the High Court. It was allowed on the ground of parity as the co-accused had been granted bail on the similar facts and circumstances of the case, making the accused entitled to bail, and no other reasons were given on the merits of the case by the high court.

Issue:

• Whether the High Court was justified in granting bail under Section 439 Cr. P.C.

Submissions
Appellant / Prosecution

1. The accused has criminal antecedents.
2. Bail is given only on the ground of parity without considering other relevant factors of the case.
3. The accused is named in the FIR and the deceased statement as the person who fired, leading to his death.

Respondent / Defendant

1. The accused is a young student with no criminal antecedents.
2. Granting bail on the first day of the hearing does not lead to any violation of law or precedent.
3. The accused is not expressly mentioned in the statement of the deceased, as his statement states that Ratilal's younger son shot the deceased.
4. The high court considered all relevant factors while granting the bail application.

Judgment
The Supreme Court set aside the bail granted by the High Court.

Reasoning
The high court, without taking into account relevant factors which show the committal of a serious offense, granted bail to the accused on the sole ground of parity indicating non-application of judicial mind and without recording any reasons for the same, therefore not liable to be sustained.

Analysis
Principles Governing Grant of Bail

1. Guiding principles of Section 439 of the Cr. P.C. should be taken into consideration while adjudicating a Regular Bail Application.
2. Factors to be bear in mind while considering a bail application are :
   Nature of Accusation, Severity of Punishment in case of conviction, nature of supporting evidence, reasonable apprehension of witness tampering and threat to the complainant, the larger interest of the public, the danger of absconding, character, behavior, and standing of the accused, the likelihood of the offense being repeated, prima facie case satisfaction, genuineness of prosecution.
3. Judges are duty-bound to explain the reasons for which they have concluded the rejection or grant of bail. Justice should not just be done but perceived to be done. Devoid of reasons would indicate non-application of mind.

Recording of reasons for grant of bail by the courts.

1. The Court, while deciding on granting or rejection of bail, has a duty to apply a judicial mind and record reasons for the order.

Cancellation of Bail

1. Occurrence Supervening Circumstances are necessary for cancellation of the bail order or misuse of the bail granted to him like Interfering with due course of justice, evasion, abuse of concessions granted, absconding possibility, etc.
2. Where serious discrepancies are found in the order granting bail or the court considering an application for bail fails to consider relevant factors, the appellant court can cancel the bail on such grounds.

Conclusion
The grant or denial of bail not only impacts the liberty of the individual but is also a matter of public interest. While considering both sides, the judge should use their judicial intellect and specific reasons to be indicated while passing the order of the court.

References:

• Scc Online