In a significant development, the High Court has quashed its decision to release the accused on bail in a case involving a land dispute. The court’s legal analysis played a crucial role in overturning the bail order. Check out our blog post for a detailed insight into this important legal matter.
Facts
- The High Court directed the release of respondent No. 2 on bail for various serious offences under the IPC.
- The original informant and complainant has filed an appeal against this decision.
- The impugned final judgment and order dated 18.01.2022 by the High Court of Judicature at Allahabad is the subject of dissatisfaction.
- Informant and his family members, along with villagers, went to a disputed spot where accused persons attacked them with intent to kill.
- This resulted in the death of Sompal, the informant’s brother, and serious injuries to others.
- Accused Vikas @ Pappu allegedly shot the deceased and the accused fled after threatening death.
- The land dispute between respondent No. 2 – Mehtab and the complainant side is mentioned as the motive behind the attack.
- Accused persons allegedly drove a tractor over standing crops on the disputed land to take possession, armed with pistols, lathi, iron rods, etc.
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Analysis
- The High Court released respondent No. 2 on bail without providing any cogent reason.
- The accused persons were known to the complainant and there was a prior enmity.
- The informant stood by their statement in the FIR even during the Section 161 CrPC recording.
- The accused persons arrived in a tractor, which was not considered by the High Court during the bail decision.
- Respondent No. 2 and others were specifically named in the FIR, indicating identification was possible.
- The defence that it was dark and identification was not possible should be considered during trial, not for bail.
- The High Court did not give detailed reasons for granting bail to respondent No. 2 despite serious charges.
- The FIR alleged incidents related to a land dispute between the informant and the accused persons.
- High Court did not consider the seriousness and gravity of the offences.
- No reasons were provided by the High Court for releasing respondent No. 2 on bail.
- Impugned judgment and order by the High Court for releasing respondent No. 2 on bail is unsustainable.
- The decision to release respondent No. 2 on bail should be quashed and set aside.
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Decision
- The present Appeal succeeds and the impugned judgment and order passed by the High Court releasing respondent No. 2 on bail is quashed and set aside.
- Respondent No. 2, the accused, is directed to surrender before the concerned Jail Authority immediately.
- The offences in connection with which respondent No. 2 was granted bail include Sections 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302 and 34 of the Indian Penal Code.
- The present Appeal is allowed and Case Crime No. 95 of 2021 of Police Station Falavda, District Meerut is referred to.
- The judgment and order are overturned, and the accused is ordered to surrender.
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Case Title: YASHPAL SINGH Vs. THE STATE OF UTTAR PRADESH (2022 INSC 966)
Case Number: Crl.A. No.-001509-001509 / 2022
