Supreme Court of India · 2007-02-14
KUMARI SUMAN PANDEY vs STATE OF U.P
- Citation / case number
- SC 2006/26821
- Court
- Supreme Court of India
- Petitioner
- KUMARI SUMAN PANDEY
- Respondent
- STATE OF U.P
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court set aside the Allahabad High Court's order granting bail to the accused under Section 439 of the Code of Criminal Procedure, 1973, emphasizing that bail should not be granted when the evidence against the accused is substantial and the trial is ongoing. The Court held that the High Court failed to consider the gravity of the charges and the potential influence on witnesses, particularly given the eyewitness testimony implicating the accused. The Court concluded that the bail order was improper and reinstated the trial court's decision to deny bail.