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
Deepak Yadav v. State of UP. & AnrCase Details:
Bench: N.V. Ramana, CJ., Krishna Murari, J., Hima Kohli, J.
Citation: (2022) 8 SCC 559
- 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.
- 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.
- A charge sheet was filed against accused Harjeet Yadav and co-accused
- 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.
- 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.
- Whether the High Court was justified in granting bail under Section 439
Appellant / Prosecution
Respondent / Defendant
- The accused has criminal antecedents.
- Bail is given only on the ground of parity without considering other
relevant factors of the case.
- The accused is named in the FIR and the deceased statement as the person
who fired, leading to his death.
- The accused is a young student with no criminal antecedents.
- Granting bail on the first day of the hearing does not lead to any
violation of law or precedent.
- The accused is not expressly mentioned in the statement of the deceased,
as his statement states that Ratilal's younger son shot the deceased.
- The high court considered all relevant factors while granting the bail
The Supreme Court set aside the bail granted by the High Court.
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.
Principles Governing Grant of Bail
Recording of reasons for grant of bail by the courts.
- Guiding principles of Section 439 of the Cr. P.C. should be taken into
consideration while adjudicating a Regular Bail Application.
- 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
- 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
- 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
- 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
- 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.
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.