In a significant legal development, a recent case saw the High Court quash a bail order in a matter involving serious criminal offences. The decision sheds light on the court’s meticulous legal analysis and considerations when dealing with bail applications in such cases. The judgment provides valuable insights into the court’s approach towards bail, warranting a closer examination of the intricacies involved in granting bail in severe criminal accusations.
Facts
- The original complainant (now the State) is appealing the decision of the High Court to release the respondent accused on bail.
- The High Court’s judgment and order dated 25.03.2022 granted bail to the respondent accused in a case involving offences under Sections 302 and 120B of the Indian Penal Code.
- The appellant expresses grievance and dissatisfaction with the High Court’s decision.
- The present appeal has been filed in response to the High Court’s order.
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Analysis
- The High Court did not assess the seriousness of the offences under Sections 302 and 120B IPC alleged against respondent No 2.
- The High Court did not consider the gravity of the offence in relation to the bail granted to co-accused Vicky and Sarvesh.
- No coherent reasons were provided by the High Court for granting bail to respondent No 2 in such a severe case.
- The High Court overlooked the fact that respondent No 2 had previously tried to quash the criminal proceedings against him, which was denied by the High Court and later by this Court upon appeal.
- Despite a non-bailable warrant and arrest in 2021, the High Court granted bail to respondent No 2 without assessing the role attributed to the co-accused and the evidence in the charge sheet.
- The judgment and order passed by the High Court releasing the respondent No. 2 on bail is unsustainable.
- The decision is quashed and set aside.
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Decision
- High Court judgment and order releasing respondent No. 2 on bail in connection with Case Crime No. 1069 of 2014 quashed and set aside.
- Respondent No. 2 directed to surrender before Jail Authority/Court within two weeks.
- If respondent No. 2 fails to surrender, non-bailable warrant to be issued against him.
- Trial Court instructed to conduct trial impartially and on merit, without influence from the present order.
- Present appeal allowed.
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Case Title: THE STATE OF UTTAR PRADESH Vs. ASHWANI KUMAR (2022 INSC 1052)
Case Number: Crl.A. No.-001695-001695 / 2022
