NEERU YADAV v. STATE OF U.P & Anr.
Case at a glance
Outcome
Allowed
Consequently, the appeal is allowed and the order
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 439
- Indian Penal Code, 1860 ss. 34, 120B, 147, 148, 149, 201, 302, 307, 323, 324, 364, 384, 394, 411, 454, 506
- Constitution of India art. 136
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 8, 15
- Arms Act, 1959 s. 25
Key paragraphs
- Para 33. When a stand was taken that the 2nd respondent D was a history sheeter, it was imperative on the part of the · High Court to scrutinize every aspect and not capriciously record that .the 2nd respondent was entitled to be admitted to bail…
Judgment
#2. Respondent No. 2 is a history-sheeter and number B of cases have been lodged against him. Most of the cases instituted against him are still pending and some of them are u/s. 302 IPC and other heinous offences. In the present case 2nd respondent had fired at the deceased. Two persons were also injured in the attack. The C occurrence took place in the broa.d day light. The allegations against the co-accused and the 2nd respondent are different. [Paras 14 and 15] [461-E-F; 462- H; 463-A-C]
#3. When a stand was taken that the 2nd respondent D was a history sheeter, it was imperative on the part of the · High Court to scrutinize every aspect and not capriciously record that .the 2nd respondent was entitled to be admitted to bail on the ground of parity. It was not a case of parity and, therefore, the impugned order the non-application of mind. Consequently, the order passed by the High Court admitting respondent No.2 on bail is set aside. [Paras 17 and 18] [464-C-D, F] E clearl.y exposes . ' . F
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, the appeal is allowed and the order
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 161, 439; Indian Penal Code, 1860 — ss. 34, 120B, 147, 148, 149, 201, 302, 307, 323, 324, 364, 384, 394, 411, 454, 506; Constitution of India — art. 136; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8, 15; Arms Act, 1959 — s. 25.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
Another 1 relationship is under human verification and not counted above.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.
Later judgments that treat this case
- Relied on2022_3_27_39