GURIA, SWAYAM SEVI SANSTHAN versus STATE OF U.P. AND ORS.

GURIA, SWAYAM SEVI SANSTHAN versus STATE OF U.P. AND ORS.

Although the High Court erred in dealing with the bail applications in a cursory manner and failing to consider the gravity of offences charged, considering that the accused were granted bail long ago and in some cases trials concluded, it would not be proper to cancel bail at this stage.

Parties
Appellant: GURIA, SWAYAM SEVI SANSTHAN; Respondents: STATE OF U.P. AND ORS.
Jurisdiction
India
Judgment Date
31 July 2009
Procedural Posture
Criminal Appeal / Appeal From Grant of Bail by High Court
Outcome
Appeal dismissed
Legal Topics
Bail, Immoral Traffic (prevention) Act, Crime Against Women, Rehabilitation of Victims
Criminal Law Human Rights Bail Immoral Traffic (prevention) Act Crime Against Women Rehabilitation of Victims

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Parties

GURIA, SWAYAM SEVI SANSTHAN

Appellant

STATE OF U.P. AND ORS.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Grant of Bail by High Court

Legal Issues

  1. 1 Whether the High Court was justified in granting bail to persons accused under the Immoral Traffic (Prevention) Act, 1956 and IPC provisions
  2. 2 What considerations should guide grant of bail in offences involving immoral traffic

Ratio Decidendi

Although the High Court erred in dealing with the bail applications in a cursory manner and failing to consider the gravity of offences charged, considering that the accused were granted bail long ago and in some cases trials concluded, it would not be proper to cancel bail at this stage.

Court Disposition

Appeal dismissed

Orders

  • Bail not cancelled; no further orders on cancellation of bail