Ramayan Singh vs. The State of Uttar Pradesh & Anr.

Not available · 2024 INSC 323Decided 19 Apr 2024
Not available
Justice Sanjay Karol

Background

The appellant's uncle was murdered in broad daylight when the family's vehicle was stopped by armed accused persons. The Allahabad High Court granted bail to two of the accused, Vivek Pal @ Vikki Pal and Punit Pal, in separate orders. The original complainant (the appellant) challenged both bail orders before the Supreme Court, and since the two appeals raised identical facts and questions, they were heard and decided together.

Decision Breakdown

The Supreme Court held that the High Court ought not to have granted bail, given (i) the seriousness of the crime: a daylight murder that shut down a local market for ten days due to the accused's influence in the area; (ii) the accused's conduct, including allegations that they tried to intimidate the complainant and witnesses to derail the trial; and (iii) the overall impact on society. Both bail orders were set aside, the bail bonds cancelled, and the accused directed to be taken into custody immediately. The trial court was directed to conclude the trial within one year.

Lesson Learnt

Bail granted merely on parity with a co-accused, without weighing the gravity of the offence, the accused's conduct after release (such as intimidating witnesses), and the crime's impact on the community, is liable to be cancelled by a higher court.

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