RAM PRATAP YADAV Vs. MITRA SEN YADAV
LAWS(SC)-2002-11-62
SUPREME COURT OF INDIA
Decided on
November 20,2002
RAM PRATAP YADAV
Appellant
VERSUS
MITRA SEN YADAV
Respondents
Cited Judgements :-
BALVANTJI HALAJI PALVI DARBAR VS. STATE OF GUJARAT [LAWS(GJH)-2003-2-62] [REFERRED]C R PATIL VS. C E PATIL [LAWS(GJH)-2004-10-5] [REFERRED TO]
C R PATIL and C E PATIL VS. STATE OF GUJARAT [LAWS(GJH)-2004-10-59] [REFERRED TO]
VIDHI CHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-5-37] [REFERRED TO]
STATE OF RAJASTHAN VS. RAVISHANKAR SRIVASTAVA [LAWS(RAJ)-2005-6-13] [REFERRED TO]
LAXMAN PRASAD VS. STATE OF U.P. [LAWS(ALL)-2014-1-5] [REFERRED TO]
PRASANTA KUMAR SARKAR VS. ASHIS CHATTERJEE [LAWS(SC)-2010-10-111] [REFERRED TO]
KALPESH DINESHCHANDRA JARIWALA VS. STATE OF GUJARAT [LAWS(GJH)-2003-1-26] [REFERRED TO]
VIHABHAI SARTANBHAI DESAI VS. STATE OF GUJARAT [LAWS(GJH)-2003-4-33] [REFERRED]
JEHANGIR MARZBAN PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2003-4-39] [REFERRED]
BHOLABHAI CHATURBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2005-9-52] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. BIRENDRA KUMAR SINGH @ VIRENDRA KUMAR SINGH @ PANDIT [LAWS(DLH)-2013-11-311] [REFERRED TO]
RAMA KANT YADAV VS. THE STATE OF U.P. [LAWS(ALL)-2010-8-417] [REFERRED TO]
DHARMENDRA KUMAR @ RAJA VS. STATE OF BIHAR [LAWS(PAT)-2016-4-161] [REFERRED TO]
RAJESH PUROHIT ALIAS BHOLIYA VS. STATE OF RAJ [LAWS(RAJ)-2012-12-4] [REFERRED TO]
MAHESH CHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-8-234] [REFERRED TO]
DHIREN BAISHY & ORS. VS. STATE [LAWS(GAU)-2004-11-46] [REFERRED TO]
ARUN KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-12-79] [REFERRED TO]
KARTI P CHIDAMBRAM VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2018-3-115] [REFERRED TO]
JUDGEMENT
R. C. Lahoti, J. -
(1.)Leave granted in both the SLPs.
(2.)Mitra Sen Yadav, the respondent No. 1, is accused in Crime No. 238/01 under Ss. 419, 420, 467, 468, 471, 409, IPC of P. S. Tarun, District Faizabad. He was arrested and lodged in District Jail, Faizabad. He moved an application for being released on bail. The prayer for bail was vehemently opposed. By order dated 12-10-2001, the learned Sessions Judge directed the application for bail to be rejected. The order is a detailed one setting out the facts and circumstances of the case, the previous history, and antecedents of the accused-applicant. The order also takes note of an apprehension expressed on behalf of the State that the release of the respondent No. 1 on bail may adversely influence the investigation and witnesses may be adversely influenced or intimidated.
(3.)Feeling aggrieved by the rejection of bail at the hands of the Sessions Court, the respondent No. 1 moved the High Court under Section 439 of Cr. P.C. By order dated 8-11-2001, the High Court has allowed the prayer of the respondent No. 1 to be enlarged on bail. The order is a brief one and the only reason assigned for releasing the respondent No. 1 on bail is "It is a fit case for bail".
(2.)Mitra Sen Yadav, the respondent No. 1, is accused in Crime No. 238/01 under Ss. 419, 420, 467, 468, 471, 409, IPC of P. S. Tarun, District Faizabad. He was arrested and lodged in District Jail, Faizabad. He moved an application for being released on bail. The prayer for bail was vehemently opposed. By order dated 12-10-2001, the learned Sessions Judge directed the application for bail to be rejected. The order is a detailed one setting out the facts and circumstances of the case, the previous history, and antecedents of the accused-applicant. The order also takes note of an apprehension expressed on behalf of the State that the release of the respondent No. 1 on bail may adversely influence the investigation and witnesses may be adversely influenced or intimidated.
(3.)Feeling aggrieved by the rejection of bail at the hands of the Sessions Court, the respondent No. 1 moved the High Court under Section 439 of Cr. P.C. By order dated 8-11-2001, the High Court has allowed the prayer of the respondent No. 1 to be enlarged on bail. The order is a brief one and the only reason assigned for releasing the respondent No. 1 on bail is "It is a fit case for bail".
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