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Rohit Bishnoi vs. The State of Rajasthan & Anr. (2023 INSC 642)

Criminal Appeal · 2023 INSC 642Decided 24 Jul 2023
Criminal Appeal No. 2078 of 2023
B.V. Nagarathna · Prashant Kumar Mishra

Background

The appellant's brother, Vikash Panwar, was allegedly murdered in what is described as an honour killing linked to his live-in relationship with a married woman, Nirma, whose family members were accused of orchestrating the killing. The chargesheet described specific roles: one accused allegedly dragged the victim down, another held him while he was struck with a pistol butt, and a third then fired the fatal shots. The Rajasthan High Court, in three separate but similarly worded orders, granted bail to the three accused, relying essentially only on the fact that the key eyewitness (Nirma) had turned hostile at trial. The informant-brother appealed to the Supreme Court against all three bail grants.

Decision Breakdown

The Supreme Court held that the High Court's bail orders were "cryptic and casual," reciting almost no independent reasoning and considering only the single fact that one witness turned hostile, while ignoring other significant material, including CCTV footage, recovered weapons, phone and tower records, and specific roles ascribed to each accused in the chargesheet. Reaffirming that a bail order must reflect the court's application of mind to factors such as the seriousness of the offence, the strength of the evidence, and the risk of witnesses being influenced or evidence tampered with, the Court held this was not a fit case for bail given the gravity of the allegations and the real possibility that the accused could influence other witnesses. It set aside all three bail orders, allowed the appeals, and directed the accused to surrender within two weeks.

Lesson Learnt

A bail order, especially in a serious offence like murder, must show that the court genuinely weighed the material on record and the risk factors involved; an order granting bail in a purely mechanical, reasons-free manner (for instance, citing only that one witness turned hostile) is liable to be set aside on appeal.

Official source (sci.gov.in)View Judgment (PDF)

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