unlawful assembly, hence independent overt act cannot be a ground to release accused on bail

YASHPAL SINGH V. STATE OF UTTAR PRADESH AND ANR.(SC)

Criminal P.C. (2 of 1974), S.439 - Bail - Grant of - Challenge against - Offences U/Ss.147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 of IPC - High Court neither gave cogent reasons nor considered nature of allegations and seriousness and gravity of offences while releasing the accused on bail - All accused were part of unlawful assembly, hence independent overt act cannot be a ground to release accused on bail - In FIR as well as statement recorded U/S.161 Cr.P.C., specific role was assigned to accused persons - Order of High Court being unsustainable, plea of not misusing the liberty of bail after that order was not tenable - Order granting bail, set aside.

AIROnline 2022 All 1010-Reversed

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AIROnline 2022 All 1012-Reversed

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