UNION OF INDIA Vs. NIRALA YADAV @ RAJA RAM YADAV @ DEEPAK YADAV
LAWS(SC)-2014-6-25
SUPREME COURT OF INDIA
Decided on
June 30,2014
Union Of India Through C.B.I.
Appellant
VERSUS
Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav
Respondents
Referred Judgements :-
UNION OF INDIA AND OTHERS V. ARVIVA INDUSTRIES INDIA LIMITED AND OTHERS [REFERRED TO]MAKHAN SINGH TARSIKKA VS. STATE OF PUNJAB [REFERRED TO]
NARANJAN SINGH NATHAWAN VS. STATE OF PUNJAB [REFERRED TO]
RAM NARAYAN SINGH VS. STATE OF DELHI [REFERRED TO]
A K GOPALAN M M CHERIYAN VS. GOVERNMENT OF INDIA [REFERRED TO]
CHAGANTI SATYANARAYANA VS. STATE OF ANDHRA PRADESH [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION SPECIAL INVESTIGATION CELL 1 NEW DELHI VS. ANUPAM J KULKARNI [REFERRED TO]
HITENDRA VISHNU THAKUR VS. STATE OF MAHARASHTRA [REFERRED TO]
SANJAY DUTT VS. STATE [REFERRED TO]
STATE OF MADHYA PRADESH VS. RUSTAM [REFERRED TO]
UNION OF INDIA INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU VS. THAMISHARASI:ARIF U PATEL [REFERRED TO]
STATE VS. MOHAMMAD ASHRAFT BHAT [REFERRED TO]
BIPIN SHANTILAL PANCHAL VS. STATE OF GUJARAT [REFERRED TO]
MOHAMED IQBAL MADAR SHEIKH VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE VS. DAWOOD IBRAHIM KASKAR [REFERRED TO]
UDAY MOHANLAL ACHARYA VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF MAHARASHTRA VS. BHARATI CHANDMAL VARMA alias AYESHA KHAN [REFERRED TO]
ATEEF NASIR MULLA VS. STATE OF MAHARASHTRA [REFERRED TO]
DINESH DALMIA VS. C B I [REFERRED TO]
MUSTAK AHMED MOHAMMAED ISSAK VS. STATE OF MAHARASHTRA [REFERRED TO]
SADHWI PRAGYNA SINGH THAKUR VS. STATE OF MAHARASHTRA [REFERRED TO]
SAYED MOHD. AHMED KAZMI VS. STATE, GNCTD [REFERRED TO]
Cited Judgements :-
ARVIND KUMAR SAXENA VS. STATE [LAWS(DLH)-2018-3-71] [REFERRED TO]DEVRAJ MARATHA @ DILLU VS. STATE OF M.P. [LAWS(MPH)-2018-3-186] [REFERRED TO]
SHAIKH MOIN SHAIKH MEHMOOD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-9-77] [REFERRED TO]
THOMAS DANIEL VS. STATE OF KERALA [LAWS(KER)-2020-11-26] [REFERRED TO]
MANGNEIKAM HAOKIP VS. OFFICER-IN-CHARGE, CHASSAD POLICE STATION [LAWS(MANIP)-2023-12-2] [REFERRED TO]
UPENDRA YADAV @ MUNSHI YADAV ALIAS MUNSHI YADAV VS. STATE OF BIHAR [LAWS(PAT)-2016-3-137] [REFERRED TO]
BANTI VS. STATE OF PUNJAB [LAWS(P&H)-2014-9-617] [REFERRED]
GURCHARAN SINGH VS. STATE OF HARYANA [LAWS(P&H)-2016-2-39] [REFERRED TO]
JAGDEV SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-8-308] [REFERRED TO]
JUDGEBIR SINGH VS. NATIONAL INVESTIGATION AGENCY [LAWS(SC)-2023-5-1] [REFERRED TO]
MOHD ARBAZ VS. STATE OF NCT OF DELHI [LAWS(DLH)-2020-11-10] [REFERRED TO]
PARDEEP KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2015-1-137] [REFERRED TO]
NIRBHAI SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-23] [REFERRED TO]
GURCHARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-391] [REFERRED TO]
KULVIR SINGH @ LADDI VS. STATE OF PUNJAB [LAWS(P&H)-2014-11-608] [REFERRED]
KULVIR SINGH @ LADDI VS. STATE OF PUNJAB [LAWS(P&H)-2014-11-608] [REFERRED]
BIKRAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-10-232] [REFERRED TO]
SALEEM VS. STATE OF KARNATAKA [LAWS(KAR)-2015-8-229] [REFERRED TO]
VISHWANATH YADAV VS. STATE OF BIHAR [LAWS(PAT)-2018-4-58] [REFERRED TO]
MANOJ KUNDAR VS. STATE OF KARNATAKA [LAWS(KAR)-2021-2-33] [REFERRED TO]
MANU SOLANKI VS. VINAYAKA MISSION UNIVERSITY [LAWS(NCD)-2020-1-74] [REFERRED TO]
RAJIV KATIYAR VS. CBI BHILAI BRANCH , DISTRICT DURG, C.G. [LAWS(CHH)-2016-1-18] [REFERRED TO]
AKHERAJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-3-79] [REFERRED TO]
ABHISHEK VS. STATE NCT OF DELHI [LAWS(DLH)-2021-10-13] [REFERRED TO]
AMIT SACHDEVA VS. STATE OF PUNJAB [LAWS(P&H)-2015-11-49] [REFERRED TO]
SHINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-5-134] [REFERRED TO]
PUSHPINDER SINGH @ BOBBY VS. STATE OF PUNJAB [LAWS(P&H)-2015-7-542] [REFERRED]
SURINDER KUMAR AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-3] [REFERRED TO]
GURJANT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-4-5] [REFERRED TO]
RAGHVENDRA NARVARIYA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-1-109] [REFERRED TO]
ANSAR UL HAQ RAINA VS. U.T. OF J&K [LAWS(J&K)-2021-12-81] [REFERRED TO]
SUBHASH BAHADUR @ UPENDER VS. STATE (N.C.T. OF DELHI) [LAWS(DLH)-2020-11-14] [REFERRED TO]
AVVA VENKATA RAMA RAO AND ANOTHER VS. STATE OF A.P. [LAWS(APH)-2018-6-71] [REFERRED TO]
STATE VS. HARGYAN [LAWS(DLH)-2016-6-52] [REFERRED TO]
BARKAT VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2018-10-251] [REFERRED TO]
KAMPATI PHANI KUMAR VS. UNION OF INDIA [LAWS(TLNG)-2022-8-104] [REFERRED TO]
VISHAL MANOHAR MANDREKAR VS. STATE OF TELANGANA [LAWS(TLNG)-2024-2-97] [REFERRED TO]
KAPIL WADHAWAN VS. DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA [LAWS(BOM)-2020-8-112] [REFERRED TO]
MANISH GANDHI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-12-218] [REFERRED TO]
RAJA BHAIYA SINGH VS. STATE OF M.P. [LAWS(MPH)-2021-1-1] [REFERRED TO]
MANNU SINGH VS. STATE OF M.P [LAWS(MPH)-2020-8-448] [REFERRED TO]
RAVINDER SINGH @ RAVI VS. STATE OF PUNJAB [LAWS(P&H)-2014-12-499] [REFERRED]
BALKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2020-2-76] [REFERRED TO]
ALAMKHAN UMARKHAN JATMALEK JENJARI TAL.DASHADA VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-430] [OBSERVED]
STATE OF CHHATTISGARH VS. NAKKA [LAWS(CHH)-2019-7-212] [REFERRED TO]
RAM NAGINA GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-10-76] [REFERRED TO]
GURAPADA ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-4-2] [REFERRED TO]
JYOTI TAMANG VS. STATE OF WEST BENGAL [LAWS(CAL)-2016-4-224] [REFERRED TO]
BECHU SEKH VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-10-34] [REFERRED TO]
BALBIR SINGH @ RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2017-8-10] [REFERRED TO]
EMADUL GAZI VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-2-21] [REFERRED TO]
SANJAY KUMAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-2-159] [REFERRED TO]
MANJINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-7-127] [REFERRED TO]
RAMBEER SHOKEEN VS. STATE OF NCT OF DELHI [LAWS(SC)-2018-1-47] [REFERRED TO]
ASHOK MUNILAL JAIN VS. ASSTT. DIRECTOR, DIR. OF ENFORCEMENT, CHENNAI [LAWS(MAD)-2017-3-156] [REFERRED TO]
GOPINATH VS. STATE [LAWS(MAD)-2018-4-930] [REFERRED TO]
SHOWKAT AHMAD SOFI VS. STATE OF J&K [LAWS(J&K)-2021-7-78] [REFERRED TO]
PRASENJIT BISWAS VS. STATE OF TELANGANA [LAWS(TLNG)-2019-8-6] [REFERRED TO]
SUKHRAI DEBBARMA VS. SUPERINTENDENT OF CENTRAL BUREAU OF INVESTIGATION (CBI) [LAWS(TRIP)-2018-12-6] [REFERRED TO]
M. RAVINDRAN VS. INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE [LAWS(SC)-2020-10-37] [REFERRED TO]
KAKA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-8-113] [REFERRED TO]
RAJ KUMAR AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-9-2] [REFERRED TO]
ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA VS. KAPIL WADHAWAN [LAWS(SC)-2023-3-143] [REFERRED TO]
BIKRAMJIT SINGH VS. STATE OF PUNJAB [LAWS(SC)-2020-10-22] [REFERRED TO]
UGOCHUKWU SOLOMON UBABUKO VS. UOI [LAWS(BOM)-2021-10-312] [REFERRED TO]
RAJESH NAYAKKAR VS. STATE BY VITLA POLICE THROUGH STATE PUBLIC PROSECUTOR [LAWS(KAR)-2017-10-149] [REFERRED TO]
SAINATH BAPU SALGAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-4] [REFERRED TO]
MANOJ KUNDAR @ MANJU @ MILITARY MANJU @ CHITHRAPU MANJU VS. STATE OF KARNATAKA [LAWS(KAR)-2021-2-11] [REFERRED TO]
NUR ABDUS ALOM VS. STATE OF MEGHALAYA [LAWS(MEGH)-2019-11-5] [REFERRED TO]
RAJEESH VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-11-67] [REFERRED TO]
KABUL SINGH @ SAHIB SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-12-402] [REFERRED]
HAPPY KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2014-11-272] [REFERRED]
TIRATH RAM VS. UT OF J&K [LAWS(J&K)-2020-11-39] [REFERRED TO]
THIRUSELVAM VS. STATE REP BY DEPUTY SUPERINTENDENT OF POLICE NATIONAL INVESTIGATION AGENCY HYDERABAD (CAMP AT PUDUCHERRY) [LAWS(MAD)-2018-6-302] [REFERRED TO]
MASTER BHOLU THROUGH HIS FATHER AND NATURAL GUARDIAN VINOD KUMAR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(P&H)-2018-6-22] [REFERRED TO]
SURESH KORA, SON OF KARMU KORA, RESIDENT OF VILLAGE VS. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HOME POLICE, PATNA [LAWS(PAT)-2016-9-40] [REFERRED TO]
RISHIKESH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-83] [REFERRED TO]
HARENDRA VS. STATE OF U.P. [LAWS(ALL)-2020-7-23] [REFERRED TO]
CHHOTU VS. STATE OF U.P. [LAWS(ALL)-2020-12-23] [REFERRED TO]
MANOJ JAIN VS. DIRECTORATE OF REVENUE INTELLIGENCE [LAWS(ALL)-2019-7-404] [REFERRED TO]
SADDAM SK. VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-5-20] [REFERRED TO]
HARICHARAN BISWAS VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-72] [REFERRED TO]
ISWAR TIWARI VS. STATE OF ODISHA [LAWS(ORI)-2020-8-7] [REFERRED TO]
N. VAIDYANATHAN VS. STATE [LAWS(MAD)-2015-2-191] [REFERRED TO]
VARINDER SINGH SANDHU VS. STATE OF PUNJAB [LAWS(P&H)-2015-11-332] [REFERRED TO]
RASHPAL SINGH @ PALA VS. STATE OF PUNJAB [LAWS(P&H)-2014-9-367] [REFERRED]
SANJIV KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2015-5-31] [REFERRED TO]
YUDHVIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-9-292] [REFERRED TO]
BALKARAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-6-17] [REFERRED TO]
DHARMCHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-9-110] [REFERRED]
GURWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-8-612] [REFERRED]
BAHARAN ALI VS. STATE OF BIHAR [LAWS(PAT)-2018-4-186] [REFERRED TO]
KIRAN KUMARI VS. STATE OF H P [LAWS(HPH)-2016-8-282] [REFERRED TO]
BITUKUMAR CHAMANSINH KASHYAP JIMAR VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-78] [REFERRED TO]
VARUN TIWARI VS. STATE OF U.P. [LAWS(ALL)-2021-11-18] [REFERRED TO]
S.KASI VS. STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT [LAWS(SC)-2020-6-20] [REFERRED TO]
PAPPU RAM SON OF DHEEMA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-10-79] [REFERRED TO]
JUDGEMENT
-
(1.)The present appeal, by special leave, is directed against the order dated 4.3.2008 passed by the learned Single Judge of the High Court of Judicature at Patna in Criminal Misc. No. 44042 of 2007 enlarging the respondent on bail solely on the ground that he was entitled to the benefit under the proviso appended to Section 167(2) CrPC of Criminal Procedure (for short "the CrPC").
(2.)The antecedent essential facts are that the respondent was arraigned as an accused in Nauhatta P.S. case No. 4/02 for the offences punishable under Sections 302, 304, 353, 323, 149, 148 and 147 of the Indian Penal Code (IPC), under Section 27 of the Arms Act and under Section 49(2)(b) of Prevention of Terrorist Activities Act (POTA) for murder of Sanjay Kumar Singh, Divisional Forest Officer. Initially the investigation was carried out by the local investigating agency and thereafter, the Government of India, Ministry of Personnel, New Delhi, issued a notification No. 228/9/02-AVD/II dated 21.3.2002 handing over the investigation to the Central Bureau of Investigation (CBI) after obtaining the consent of the Government of Bihar.
(3.)As per the allegations of the prosecution, on 15.2.2002 the deceased Sanjay Kumar Singh, Divisional Forest Officer, Shahabad Division with Headquarter at Sasaram, was on a surprise check in village Rehal, District Rohtas along with his subordinate staff and, at that juncture, he was surrounded by a group of 25-30 unknown naxalites and was taken outside the village and when he declined to comply with the illegal demand of the naxalites for payment of rupees five lakhs for his release, he was taken inside the forest where he was shot dead. After the criminal law was set in motion on the basis of an FIR, the investigation commenced.
(2.)The antecedent essential facts are that the respondent was arraigned as an accused in Nauhatta P.S. case No. 4/02 for the offences punishable under Sections 302, 304, 353, 323, 149, 148 and 147 of the Indian Penal Code (IPC), under Section 27 of the Arms Act and under Section 49(2)(b) of Prevention of Terrorist Activities Act (POTA) for murder of Sanjay Kumar Singh, Divisional Forest Officer. Initially the investigation was carried out by the local investigating agency and thereafter, the Government of India, Ministry of Personnel, New Delhi, issued a notification No. 228/9/02-AVD/II dated 21.3.2002 handing over the investigation to the Central Bureau of Investigation (CBI) after obtaining the consent of the Government of Bihar.
(3.)As per the allegations of the prosecution, on 15.2.2002 the deceased Sanjay Kumar Singh, Divisional Forest Officer, Shahabad Division with Headquarter at Sasaram, was on a surprise check in village Rehal, District Rohtas along with his subordinate staff and, at that juncture, he was surrounded by a group of 25-30 unknown naxalites and was taken outside the village and when he declined to comply with the illegal demand of the naxalites for payment of rupees five lakhs for his release, he was taken inside the forest where he was shot dead. After the criminal law was set in motion on the basis of an FIR, the investigation commenced.
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