# Yamin Khan v. State Of U.P - **Citation:** (2016) 4 ILRA 1110 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2016-03-18 - **Bench:** Karuna Nand Bajpayee - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/yamin-khan-v-state-of-u-p-43552 - **Pages:** 3 ## Headnote Bail - Section 439 Cr.P.C. - Offence under Sections 326, 352 I.P.C. - Acid attack by son upon father - Heinous nature of offence - Sanctity of relationship - Gravity of offence outweighs period of detention - Bail rejected - Direction for expeditious trial. Sections 326, 352 I.P.C. - Acid attack - Allegation that the applicant threw acid upon his father over a property dispute, causing grievous injuries and impairment of eyesight - Prima facie evidence supported by statement of victim and other witnesses. Gravity and heinous nature of offence - Acid attack constitutes a grave and cruel act - Commission of such offence by a son against his own father violates deeply rooted social and moral norms - Relationship between father and son is sacrosanct and breach thereof aggravates the seriousness of the crime. False implication plea - Extreme provocation - Plea of false implication due to family dispute and provocation is a matter of trial - At the stage of bail, Court must consider nature of accusation and supporting material. Period of detention not sole consideration - Mere incarceration since 26.11.2013 cannot be treated as the sole ground for granting bail in a heinous offence involving extreme cruelty. 4 All. Yamin Khan Vs State Of U.P. 1111 Parameters for grant of bail - While deciding bail, Court must consider nature and gravity of offence, severity of punishment, evidence on record, and overall circumstances of the case - In serious offences involving acid attack and grievous injury, liberal approach is not warranted. No case for bail made out - Considering the seriousness of allegations and prima facie evidence, applicant failed to establish grounds for release on bail. Observation confined to bail stage - Observations made in the order shall not prejudice the merits of the trial. Expeditious trial directed - Trial Court directed to make sincere endeavour to conclude trial at the earliest, in accordance with law. Held: In view of the gravity of the offence, nature of evidence and surrounding circumstances, no ground for grant of bail is made out. Bail application rejected. ## Text 1110 INDIAN LAW REPORTS ALLAHABAD SERIES 7. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. --------- ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 18.03.2016 BEFORE THE HON'BLE KARUNA NAND BAJPAYEE, J. Criminal Misc. Bail Application No.- 11453 Of 2015 Yamin Khan ...Applicant Versus State Of U.P. ...Opposite Party Counsel for the Applicant: Mohit Singh Counsel for the Opposite Party: Govt. Advocate Bail - Section 439 Cr.P.C. - Offence under Sections 326, 352 I.P.C. - Acid attack by son upon father - Heinous nature of offence - Sanctity of relationship - Gravity of offence outweighs period of detention - Bail rejected - Direction for expeditious trial. Sections 326, 352 I.P.C. - Acid attack - Allegation that the applicant threw acid upon his father over a property dispute, causing grievous injuries and impairment of eyesight - Prima facie evidence supported by statement of victim and other witnesses. Gravity and heinous nature of offence - Acid attack constitutes a grave and cruel act - Commission of such offence by a son against his own father violates deeply rooted social and moral norms - Relationship between father and son is sacrosanct and breach thereof aggravates the seriousness of the crime. False implication plea - Extreme provocation - Plea of false implication due to family dispute and provocation is a matter of trial - At the stage of bail, Court must consider nature of accusation and supporting material. Period of detention not sole consideration - Mere incarceration since 26.11.2013 cannot be treated as the sole ground for granting bail in a heinous offence involving extreme cruelty. 4 All. Yamin Khan Vs State Of U.P. 1111 Parameters for grant of bail - While deciding bail, Court must consider nature and gravity of offence, severity of punishment, evidence on record, and overall circumstances of the case - In serious offences involving acid attack and grievous injury, liberal approach is not warranted. No case for bail made out - Considering the seriousness of allegations and prima facie evidence, applicant failed to establish grounds for release on bail. Observation confined to bail stage - Observations made in the order shall not prejudice the merits of the trial. Expeditious trial directed - Trial Court directed to make sincere endeavour to conclude trial at the earliest, in accordance with law. Held: In view of the gravity of the offence, nature of evidence and surrounding circumstances, no ground for grant of bail is made out. Bail application rejected. (Delivered by Hon'ble Karuna Nand Bajpayee, J.) 1. This application has been filed seeking the release of the applicant on bail in Case Crime No. 760 of 2013, u/s 326, 352 I.P.C., Police Station- Tilhar, District- Shahjahanpur. 2. Heard Sri D.K. Shukla, Advocate holding brief of Sri Mohit Singh, learned counsel for the applicant and learned A.G.A. 3. Perused the record. 4. Submission of counsel for the applicant is that because of family dispute the applicant has been falsely implicated in the case and what has been done by him was as a result of extreme provocation. Contention is that bail may be granted on humanitarian ground as the applicant is in jail since 26.11.2013. 5. Learned A.G.A. has opposed the prayer for bail and has brought the attention of the Court to the statement of the victim, who is the father of the applicant. The statement of the victim reveals that when the victim was coming back to his house, he found his son standing near the door who demanded his share of money and property saying that till he did not get the same he will not allow the victim to live peacefully. Thereafter the applicant threw acid on the victim. It was also stated by the victim that because of the injuries inflicted on him by acid he was unable to see properly by his eyes. The applicant was seen running away after throwing acid by some other witnesses also. Submission is that it is not a routine case but it is a heinous offence in which a son had attempted to cause grievous injury on his own father which violates all accepted sanctified norms of society. Contention is that there are some relationships which are so sacrosanct that nothing except faith and affection and complete trust signifies them. The sanctity of the relationship 1112 INDIAN LAW REPORTS ALLAHABAD SERIES between father and son has been recognized throughout ages in all times, in all races and in all parts of the world without exception. When the debased proclivities of an outlaw violates such pious relationship, the social ramifications which follow are outrageous. The act in which the applicant has indulged himself is a heinous offence and also speaks about the cruelty displayed by him. Further submission is that for a delinquent of such nature who had no qualms or hesitation in burning his own father by acid, the period of detention cannot be said to be a soul criteria to release him on bail. 6. Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. 7. Therefore, the prayer for bail of the applicant is rejected. 8. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. 9. However, it may be observed that if the trial of the case has already started, the trial court shall make every sincere endeavor to expedite the proceedings of the trial and conclude the same at the earliest in accordance with law. --------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 28.03.2016 BEFORE THE HON'BLE TARUN AGARWALA, J. THE HON'BLE MUKHTAR AHMAD, J. Writ A No.- 14161 Of 2012 Awadesh Kumar Rai & Anr. ...Petitioners Versus Registrar, U.P. Co-Operative Societies & Ors. ...Respondents Counsel for the Petitioners: P.K. Dubey, Dharam Pal Singh, Hari Bans Singh, S. Niranjan, Sharfuddin Ahmad, Yadevendra Dwivedi Counsel for the Respondents: S.M. Haider Zaidi Service Law - Gratuity - Payment of Gratuity Act, 1972 - U.P. Co-operative Societies Act, 1965 - Co-operative Banks Centralised Service Rules, 1976 - Rule 67 - Co-operative Banks Centralised