NEERU YADAV Vs. STATE OF U.P.
LAWS(SC)-2014-12-75
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 16,2014

Neeru Yadav Appellant
VERSUS
STATE OF U.P. Respondents





Cited Judgements :-

RAMAYAN SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2024-4-59] [REFERRED TO]
MANIK MADHUKAR SARVE VS. VITTHAL DAMUJI MEHER [LAWS(SC)-2024-8-64] [REFERRED TO]
MEENA DEVI VS. STATE OF U.P [LAWS(SC)-2022-5-109] [REFERRED TO]
MS. P VS. STATE OF MADHYA PRADESH [LAWS(SC)-2022-5-18] [REFERRED TO]
S.N. YOGAPRIYANGAA VS. SUB INSPECTOR OF POLICE [LAWS(MAD)-2023-7-11] [REFERRED TO]
SHIV SHANKAR TRIPATHI VS. STATE OF U.P. [LAWS(ALL)-2020-2-24] [REFERRED TO]
PREMA DEVI VS. STATE OF U.P. [LAWS(ALL)-2019-12-261] [REFERRED TO]
VIPARNA GAUR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-3-148] [REFERRED TO]
SAMEENA BASHIR PATHAN VS. AYUB DILAWARKHAN PATHAN [LAWS(BOM)-2023-5-88] [REFERRED TO]
ANANTHA SATYA UDAYA BHASKARA RAO ANANTHA BABU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-10-184] [REFERRED TO]
THAIDULA KISHORE VS. STATE OF A. P, [LAWS(APH)-2024-2-3] [REFERRED TO]
INDU DEWAN VS. REPUBLIC OF INDIA (C B I ) [LAWS(ORI)-2016-8-73] [REFERRED]
SUSANTA KUMAR JENA VS. STATE OF ORISSA [LAWS(ORI)-2016-11-100] [REFERRED TO]
ALOKE SAMADDAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-9-76] [REFERRED TO]
ASHWIN VAMANRAO GHARADE VS. STATE OF GUJARAT [LAWS(GJH)-2019-10-131] [REFERRED TO]
JOLLYAMMA JOSEPH@JOLLY VS. STATE OF KERALA [LAWS(KER)-2021-3-2] [REFERRED TO]
SHAKUNTALA VS. STATE OF M P [LAWS(MPH)-2016-3-187] [REFERRED]
STATE VS. MOHD. NAVED [LAWS(DLH)-2023-1-56] [REFERRED TO]
PRADEEP NIRANKARNATH SHARMA VS. DIRECTORATE OF ENFORCEMENT [LAWS(GJH)-2018-3-106] [REFERRED TO]
ANISUR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-2-90] [REFERRED TO]
SUNIL DAHIYA VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2016-10-51] [REFERRED TO]
SURAJ UPADHYAY VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2018-2-559] [REFERRED TO]
STATE OF TELANGANA VS. AKBAR ALI KHAN HYDER [LAWS(TLNG)-2019-2-76] [REFERRED TO]
RAJU PACHVARYA MEENA VS. STATE OF M P [LAWS(MPH)-2018-7-48] [REFERRED TO]
MS. Y VS. STATE OF RAJASTHAN [LAWS(SC)-2022-4-50] [REFERRED TO]
AJWAR VS. WASEEM [LAWS(SC)-2024-5-79] [REFERRED TO]
HARJIT SINGH VS. INDERPREET SINGH @ INDER [LAWS(SC)-2021-8-44] [REFERRED TO]
STATE OF ORISSA VS. MAHIMANANDA MISHRA [LAWS(SC)-2018-9-52] [REFERRED TO]
ASHA RANJAN VS. STATE OF BIHAR & ORS. [LAWS(SC)-2017-2-41] [REFERRED TO]
SUKHRAI DEBBARMA VS. SUPERINTENDENT OF CENTRAL BUREAU OF INVESTIGATION (CBI) [LAWS(TRIP)-2018-12-6] [REFERRED TO]
MUBARAK ALI WANI VS. UNION TERRITORY THROUGH POLICE STATION PANTHA CHOWK [LAWS(J&K)-2022-3-2] [REFERRED TO]
PARVEJ AHAMED S/O LATE ALI ASWAB VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-17] [REFERRED TO]
ZAHOOR AHMAD BHAT VS. UT OF JK [LAWS(J&K)-2022-3-1] [REFERRED TO]
X VS. STATE OF KERALA AND ORS. [LAWS(KER)-2020-12-481] [REFERRED TO]
M.S MATHEW VS. STATE OF KERALA [LAWS(KER)-2020-12-265] [REFERRED TO]
KESHAV KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2021-1-77] [REFERRED TO]
VIHSAL KHARIA VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-3-114] [REFERRED TO]
BAPI @ ARINDAM SARKHEL VS. STATE OF ORISSA [LAWS(ORI)-2017-4-73] [REFERRED TO]
IMTIAZ AHMED AND ORS VS. STATE OF J&K [LAWS(J&K)-2018-9-53] [REFERRED TO]
ARJUN KATAL VS. STATE OF J. AND K. AND ANR [LAWS(J&K)-2020-8-10] [REFERRED TO]
GURMEET SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2017-3-30] [REFERRED TO]
SUNIL GANDHI VS. STATE [LAWS(DLH)-2019-4-58] [REFERRED TO]
ABHAI NATH CHAUBEY VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2019-12-46] [REFERRED TO]
ATUL KUMAR SINGH ALIAS ATUL KUMAR RAI VS. STATE OF U.P. [LAWS(ALL)-2021-6-19] [REFERRED TO]
RAJKUMAR DOHARE VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-10-26] [REFERRED TO]
VIVEKANAND MISHRA VS. STATE OF U.P. [LAWS(SC)-2022-7-152] [REFERRED TO]
MANISHA VS. STATE OF RAJASTHAN [LAWS(SC)-2022-4-45] [REFERRED TO]
SUDHA SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2021-4-31] [REFERRED TO]
BHOOPENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-2021-10-90] [REFERRED TO]
PRASHANT SINGH RAJPUT VS. STATE OF MADHYA PRADESH [LAWS(SC)-2021-10-38] [REFERRED TO]
STATE OF BIHAR VS. RAJBALLAV PRASAD @ RAJBALLAV PD. YADAV @ RAJBALLABH YADAV [LAWS(SC)-2016-11-31] [REFERRED TO]
MACHARLA RAMESH VS. STATE OF TELANGANA [LAWS(TLNG)-2020-11-51] [REFERRED TO]
TAREQUE AHEMAD VS. STATE OF ODISHA [LAWS(ORI)-2016-11-55] [REFERRED TO]
HARICHARAN BISWAS VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-72] [REFERRED TO]
YASHWANTKUMAR HIRALAL PATEL VS. PATEL PRITESH KANUBHAI [LAWS(GJH)-2022-9-90] [REFERRED TO]
AMIT KUMAR AGARWAL VS. UNION OF INDIA [LAWS(JHAR)-2024-3-1] [REFERRED TO]
PARAS RAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-3-61] [REFERRED TO]
DIPAK KHANIKAR VS. STATE OF ASSAM [LAWS(GAU)-2018-4-151] [REFERRED TO]
K. RAJAPANDIAN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-5-35] [REFERRED TO]
RAJNI CHATURVEDI VS. STATE OF U.P. [LAWS(ALL)-2020-4-84] [REFERRED TO]
KALANDI CHARAN LENKA VS. STATE OF ODISHA [LAWS(ORI)-2017-1-84] [REFERRED TO]
AKSHAY VS. STATE OF KERALA [LAWS(KER)-2019-10-42] [REFERRED TO]
JOLLYAMMA JOSEPH VS. STATE OF KERALA [LAWS(KER)-2020-12-402] [REFERRED TO]
PRAMOD VS. STATE OF U.P. [LAWS(ALL)-2024-7-3] [REFERRED TO]
ATIQUE AHMED VS. STATE OF U P [LAWS(ALL)-2017-5-528] [REFERRED TO]
G (MINOR) VS. STATE [LAWS(DLH)-2020-5-41] [REFERRED TO]
NAVDEEP SINGH @ GAURAV VS. STATE OF NCT OF DELHI [LAWS(DLH)-2021-5-33] [REFERRED TO]
UMAR KHALID VS. STATE OF NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(DLH)-2022-10-71] [REFERRED TO]
NARA CHANDRABABU NAIDU VS. STATE OF A.P. [LAWS(APH)-2024-1-32] [REFERRED TO]
ABDUL FAISAL ABDULGANI SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-2023-7-898] [REFERRED TO]
BIVA BAIDYA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2020-9-16] [REFERRED TO]
HIMACHAL PRADESH FINANCIAL CORPORATION VS. ANIL GARG AND OTHERS [LAWS(SC)-2017-3-91] [REFERRED TO]
MS. X VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-3-65] [REFERRED TO]
DEEPAK YADAV VS. STATE OF U.P [LAWS(SC)-2022-5-88] [REFERRED TO]
KUMER SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-2021-7-54] [REFERRED TO]
STATE OF M.P. VS. GAJENDRA SINGH [LAWS(MPH)-2022-1-20] [REFERRED TO]
RAMADHAR BAGHEL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-3-81] [REFERRED TO]
RAM KISHAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2017-5-66] [REFERRED TO]
SMT. POOJA PAL VS. STATE OF U.P. [LAWS(ALL)-2017-5-316] [REFERRED TO]
DIRECTORATE OF ENFORCEMENT VS. GAGAN DHAWAN [LAWS(DLH)-2019-8-6] [REFERRED TO]
ZABEER HUSSAIN SHAH VS. STATE OF JAMMU & KASHMIR [LAWS(J&K)-2019-5-53] [REFERRED TO]
BHAGUBHA HASUBHA VAGHELA VS. STATE OF GUJARAT [LAWS(GJH)-2022-12-701] [REFERRED TO]
RAVI @ ANIL CHAUHAN VS. STATE OF PUNJAB [LAWS(P&H)-2015-10-379] [REFERRED]
NAVEEN DAHIYA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-11-5] [REFERRED TO]
COURT ON ITS OWN MOTION VS. UNION OF INDIA [LAWS(DLH)-2015-5-62] [REFERRED TO]
SURESH KUMAR VS. RAJENDRA KUSHWAH [LAWS(MPH)-2022-8-77] [REFERRED TO]
MAHENDRA ALIAS SONU SIKARWAR VS. STATE OF M.P. [LAWS(MPH)-2018-8-282] [REFERRED TO]
CENTRUM FINANCIAL SERVICES LIMITED VS. STATE OF NCT OF DELHI [LAWS(SC)-2022-1-86] [REFERRED TO]
DHULLU MAHTO VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-7-16] [REFERRED TO]
LAKHWINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-3-79] [REFERRED TO]
MAHIMANANDA MISHRA VS. STATE OF ORISSA [LAWS(ORI)-2017-5-40] [REFERRED TO]
PRIYA KHURANA VS. STATE [LAWS(DLH)-2023-8-49] [REFERRED TO]
SAMEER MAHANDRU VS. DIRECTORATE OF ENFORCEMENT [LAWS(DLH)-2023-6-89] [REFERRED TO]
PRADEEP NIRANKARNATH SHARMA VS. DIRECTORATE OF ENFORCEMENT [LAWS(GJH)-2018-2-326] [REFERRED TO]
LALITA DEVI VS. STATE OF HIMACHAL PRADESH & ANOTHER [LAWS(HPH)-2016-9-141] [REFERRED]
NARA CHANDRA BABU NAIDU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2023-11-18] [REFERRED TO]
SHIV SAGAR VS. STATE OF U.P. [LAWS(ALL)-2022-5-71] [REFERRED TO]
SHIVANI TYAGI VS. STATE OF UTTAR PRADESH [LAWS(SC)-2024-4-91] [REFERRED TO]
SAQUIB NISAR VS. STATE [LAWS(DLH)-2024-4-129] [REFERRED TO]
BRAJA SUNDAR MISHRA VS. STATE OF ODISHA [LAWS(ORI)-2016-8-118] [REFERRED TO]
SOMANATH ADHIKARI VS. STATE OF ORISSA [LAWS(ORI)-2017-4-94] [REFERRED TO]
RAJKUMAR RAMSEVAK SINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-241] [REFERRED TO]
ARUN BHANDARI VS. STATE OF U.P. [LAWS(ALL)-2019-12-258] [REFERRED TO]
PRATRAP CHANDRA VERMA VS. STATE OF U.P. [LAWS(ALL)-2019-12-285] [REFERRED TO]
STATE THROUGH SPECIAL INVESTIGATION TEAM S.I.T.(1984 RIOTS) VS. SAJJAN KUMAR [LAWS(DLH)-2018-2-565] [REFERRED TO]
STATE VS. SANJEEV KUMAR CHAWLA [LAWS(DLH)-2020-5-4] [REFERRED TO]
SURIYA BIBI VS. STATE OF J&K [LAWS(J&K)-2018-11-89] [REFERRED TO]
RANJIT SINGH VS. UNION TERRITORY OF J & K [LAWS(J&K)-2021-10-16] [REFERRED TO]
VIRUPAKSHAPPA GOUDA AND ANOTHER VS. STATE OF KARNATAKA AND ANOTHER [LAWS(SC)-2017-3-104] [REFERRED TO]
PROSECUTRIX VS. STATE OF M.P. [LAWS(MPH)-2022-1-35] [REFERRED TO]
JAGJEET SINGH VS. ASHISH MISHRA @ MONU [LAWS(SC)-2022-4-37] [REFERRED TO]
STATE OF KERALA VS. MAHESH [LAWS(SC)-2021-3-79] [REFERRED TO]
RAMESH BHAVAN RATHOD VS. VISHANBHAI HIRABHAI MAKWANA MAKWANA (KOLI) AND ANOTHER [LAWS(SC)-2021-4-22] [REFERRED TO]
HARJIT SINGH VS. INDERPREET SINGH @ INDER [LAWS(SC)-2021-8-59] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)The present appeal, by special leave, calls in question the legal substantiality and defensibility of the order dated 22.09.2014 passed by the High Court of judicature at Allahabad in Criminal Misc. Bail Application No. 31078 of 2014 whereby the learned Judge, in exercise of power under Section 439 of Code of Criminal Procedure, 1973 (Cr.PC) had admitted the 2nd respondent to bail in Crime No. 237 of 2013 instituted for offences punishable under Sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 of the Indian Penal Code (IPC).
(3.)As the impugned order would reveal, it was contended on behalf of the 2nd respondent that similarly placed co-accused, Ashok, had already been enlarged on bail by the High Court by order dated 23.9.2013 in Criminal Misc. Bail Application No. 21876 of 2013 and role of the accused-respondent No.2 was identical to that of Ashok Kumar and he should be released on bail. Thus the foundation of the prayer for grant of bail was on the bedrock of parity. The said prayer for grant of bail was opposed with vehemence by the learned A.G.A. contending, inter alia, that the accused had criminal antecedents and the role attributed to him was different. The same was controverted by the accused asserting that the said aspect had been explained in the affidavit attached to the bail application.


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