9 years, 6 months ago

Criminal Antecedents of Accused cannot be ignored while granting Bail; SC [Read Judgment]

A Two Judge Bench of Supreme Court today in Neeru Yadav v. State of UP has held that criminal antecedents of Accused cannot be totally ignored while granting Bail. The Bench was hearing an appeal against the Allahabad High Court order which granted Bail to Budhpal @ Buddhu- one of the Key Accused in a Murder Case. The Counsel for the Appellant submitted to the Court that the Accused is still in jail despite the High Court's order of bail as he is involved in so many cases. The question, therefore, arises whether in these circumstances, should the High Court have enlarged him on bail on the foundation of parity" After re-iterating the principles relating to grant of Bail it is held as follows; "……….This being the position of law, it is clear as cloudless sky that the High Court has totally ignored the criminal antecedents of the accused.

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