Published on: 29 July 2023 at 22:25 IST
Court: Supreme Court
Citation: Neeru Yadav V. State of U.P. (2016)
Honourable Supreme Court of India has held that a Criminal Court must consider the following factor regarding grant or refusal of bail, each case has to be considered on its own merits.
- Nature of seriousness of the offence
- Character of the evidence and circumstances which are peculiar to the accused
- Likelihood of the accused fleeing from justice
- Impact that his release may make on the prosecution witnesses, its impact on the society
- Likelihood of his tampering.
15. This being the position of law, it is clear as cloudless sky that the High Court has totally ignored the criminal antecedents of the accused. What has weighed with the High Court is the doctrine of parity. A history-sheeter involved in the nature of crimes which we have reproduced hereinabove, are not minor offences so that he is not to be retained in custody, but the crimes are of heinous nature and such crimes, by no stretch of imagination, can be regarded as jejune. Such cases do create a thunder and lightning having the effect potentiality of torrential rain in an analytical mind.
The law expects the judiciary to be alert while admitting these kind of accused persons to be at large and, therefore, the emphasis is on exercise of discretion judiciously and not in a whimsical manner.
Drafted By Abhijit Mishra