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Aqeel Ahmad vs. State of Uttar Pradesh & Another

Not available · 2024 INSC 268Decided 5 Apr 2024
Not available
Justice C.T. Ravikumar

Background

Khursheed Ahmad was murdered, and an FIR was registered against several accused including Abdullah, Nasir, and Muzammil. Each was separately granted bail by the Allahabad High Court, largely on the ground that a co-accused had already been granted bail by the same High Court. The informant (complainant), Aqeel Ahmad, challenged all three bail orders before the Supreme Court.

Decision Breakdown

The Supreme Court noted that the post-mortem report showed the deceased was severely assaulted, with fractured ribs sufficient to cause death, and that the accused were specifically named in the FIR. It also relied on its own earlier order cancelling bail granted to another co-accused, Neyaz Ahmad, for similar reasons. The Court found that the High Court had granted bail without properly examining these facts and set aside all three bail orders, cancelling the bail granted to Abdullah, Nasir, and Muzammil, and directing them to surrender within 10 days.

Lesson Learnt

Bail cannot be granted to an accused merely because a co-accused was granted bail elsewhere ("parity"). Courts must independently examine the specific evidence and role of each accused, especially in serious offences like murder.

Official source (sci.gov.in)View Judgment (PDF)

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