Gravity of Offences a Key Consideration in Granting Bail-Supreme Court

The Supreme Court of India has issued a recent judgement in the case of Yashpal Singh versus State of Uttar Pradesh and Another. The judgement pertained to the impugned orders dated 4.3.2022, 19.01.2022, and 09.02.2022 passed by the High Court of Judicature at Allahabad, which directed the release of the accused, Narendra s/o Mehtab, Krishanpal s/o Rakam Singh, and Harendra s/o Mehtab on bail in connection with the FIR being Case Crime No. 95/2021 for the offences punishable under various sections of the Indian Penal Code (IPC). The original informant/complainant had appealed the High Court's decision to the Supreme Court.

The Supreme Court, after hearing arguments from both sides, came to the conclusion that the impugned orders passed by the High Court releasing the accused on bail were unsustainable. The Court observed that the High Court had not properly considered the nature, gravity, and seriousness of the offences committed, which is a crucial consideration in granting bail. The Court also noted that the accused were part of an unlawful assembly and their acts could not be a basis for releasing them on bail.

The argument put forth by the accused that they had not misused their liberty since they were released on bail was also dismissed by the Supreme Court, stating that the impugned orders passed by the High Court releasing the accused on bail were unsustainable.

As a result, the Supreme Court quashed and set aside the impugned orders passed by the High Court releasing the accused on bail and directed the accused to surrender to the concerned jail authorities immediately. The appeals were allowed by the Supreme Court.

Yashpal Singh versus State of Uttar Pradesh and Another