The Supreme Court has suggested all the excessive courts to not mechanically apply the ‘bail not jail’ precept whereas giving aid to gangsters, sharpshooters and heinous offenders and should weigh the impact of such bail on the protection of witnesses and households of victims.

The Supreme Court has advised all high courts not to mechanically apply the ‘bail not jail’ principle while giving relief to gangsters, sharpshooters and heinous offenders and must weigh the effect of such bail on the safety of witnesses and families of victims. Heading a three-judge bench, CJI S A Bobde on Friday – the last day of his retirement – cancelled the bail granted by Allahabad HC to Azamgarh gangster Arun Yadav, who was accused of gunning down one Rajnarain Singh.

The SC recalled the case relating to the grant of parole to Vikas Dubey. “The appellant cites the example of a person who was prosecuted in connection with 64 criminal cases which included cases of murders, offences of dacoity, criminal intimidation, extortion and offences under the UP-Gangster Act, etc, but who was released on bail. Ultimately, when a police team went to apprehend him, allegedly eight policemen were killed,” the bench noted Singh’s widow had challenged the bail to Yadav, who faced 15 cases of murder or attempt to murder.

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