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STATE OF BIHAR vs. RAJBALLAV PRASAD@ RAJBALLAV PP. YADAV@ RAJBALLABH YADAV

SCR Citation: [2016] 9 S.C.R. 652
Year/Volume: 2016/ Volume 9
Date of Judgment: 24 November 2016
Petitioner: STATE OF BIHAR
Disposal Nature: Appeal Allowed
Neutral Citation: 2016 INSC 1061
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: RAJBALLAV PRASAD@ RAJBALLAV PP. YADAV@ RAJBALLABH YADAV
Case Type: CRIMINAL APPEAL /1141/2016
Order/Judgment: Judgment
1. Headnote

Bail -- Grant of - Challenge to - Respondent-accused was facing trial, wherein he was charged for committing offences under c !PC, POCSO Act and the Immoral Traffic Act - During investigation, respondent had allegedly absconded and there were complaints against him of intimidating witnesses -Thereafter, respondent surrendered and filed bail application - Trial Court dismissed it - High Court, however, granted bail - On appeal, held: The paramount D consideration is, whether there are any chances of the accused person fleeing from justice or reasonable apprehension that the accused person would tamper with evidence/trial if released on bail - These aspects were not dealt with by the High Court appropriately with the seriousness it deserved - This constitutes a E sufficient reason for interfering with the exercise of discretion by the High Court - Order of High Court set aside - Penal Code, 1860 - ss. 376, 420134, 366-A, 370, 370-A, 212, 120-B - Protection oj Children from Sexual Offences Act, 2012-ss.4, 6, 8, 29-Immoral Traffic Act, 1956 - ss.4, 5, 6 - Code of Criminal Procedure, 1973 - ss.82, 83.

2. Case referred
3. Act
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4. Keyword
  • Bail -- Grant of - Challenge to - Respondent-accused was facing trial
  • wherein he was charged for committing offences under IPC
  • POCSO Act and the Immoral Traffic Act
5. Equivalent citation
    Citation(s) 2016 AIR 630 = 2017 (2) SCC 178 = 2017 (2) Suppl. SCC 178 = 2016 (11) JT 261 = 2016 (11) Suppl. JT 261 = 2016 (12) SCALE 287