AJAY KUMAR YADAV vs. THE STATE OF UTTAR PRADESH & ORS.

by | Mar 29, 2024

ASPECTS DETAILS
Case Title Ajay Kumar Yadav versus the State of Uttar Pradesh & Ors.
Introduction Stricter approach to bail in custodial torture cases.
Factual Background Accused-police official granted bail by High Court.
Legal Issues Nature of bail in cases of custodial death involving police officials.
Applicable Law Article 136 of the Constitution of India, IPC Sections 302, 330, 331, 218, 120-B.
Analysis Role of accused-police official in alleged offences.
Conclusion Bail granted by High Court set aside, accused to surrender.
Current Scenario Accused directed to surrender before CBI Court.

 

CASE SUMMARY– The Supreme Court adopted a stricter approach to bail in cases of custodial torture involving police officials. It overturned the High Court’s decision to grant bail to an accused-police official, finding that his role in the alleged offences was not confined to being a driver of a police vehicle. The Court considered the serious nature of the allegations, including custodial death, and directed the accused to surrender before the CBI Court. This decision serves as an exception to the general approach to bail and emphasizes the gravity of offences involving custodial torture.

 

SOURCE- SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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