Top Court sets aside bail order saying HC passed it mechanically and in most perfunctory manner; Gravity, nature & seriousness of offence should have been considered

Read Judgment: Sunil Kumar V. State of Bihar & Anr. 

Pankaj Bajpai

New Delhi, January 28, 2022: Considering the fact that the accused is a history sheeter and is having criminal antecedent and his involvement in double murder of killing the father & brother of the informant, the Supreme Court has quashed the order passed by Patna High Court releasing the Respondent-accused on bail. 

A Division Bench of Justice M.R Shah and Justice Sanjiv Khanna observed that the High Court should not have enlarged the accused on bail since the trial of the subject cases is at the crucial stage of recording evidence and there are allegations of pressurizing the informant and the witnesses. 

The observation came pursuant to an appeal filed by Sunil Kumar (Appellant – Original informant and younger brother of the deceased) challenging the judgment whereby the Patna High Court has released the second Respondent (original accused) on bail in connection with case registered at Vaishali Police Station for offences under various sections of the Indian Penal Code and Section 27 of the Arms Act, wherein Shardanand Bhagat (elder brother of Appellant) succumbed to the bullet injury. 

After considering the submissions, the Top Court found that neither any reason whatsoever have been assigned by the High Court while releasing the second respondent on bail, nor the High Court has considered the gravity, nature and seriousness of the offences alleged against the accused. 

Though it was pointed out on behalf of the informant that the accused is involved in two cases and that the appellant (informant) was restrained from proceeding further in earlier cases pending against the accused, the High Court has simply brushed aside the same and not at all considered the criminal antecedents of the accused – respondent, added the Court. 

Speaking for the Bench, Justice Shah referred to the decision of Anil Kumar Yadav Vs. State (NCT of Delhi), (2018) 12 SCC 129, wherein it was observed that while granting bail, the relevant considerations are: (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering.

Accordingly, the Top Court allowed the appeal and directed the accused respondent to surrender before the concerned jail authority / before the concerned Court forthwith.