The Supreme Court while setting aside the order of grant of bail to an accused of murder cases held that 'One Sided Investigation and overcrowding in Jail is not a ground to grant bail'.

Anguished by reading the order, the bench first orally observed that the reasoning given by the High Court cannot be read in Court and if this is the reason to grant bail then bail shall be granted in each case.

The bench of Justices CT Ravikumar and Sanjay Kumar held that the gravity of offence has to be taken into consideration while granting of bail. in the matter in hand, the deceased was given 12 blows on his vital organ i.e. head. The accused was taken into custody in March 2022 and he remained in jail for less than a year.

The Supreme Court while issuing notice in April 2023 in the petition filed by the Complainant observed that "but the impugned order shall not be treated as precedent and shall not be considered decisive of any other bail plea of the co-accused persons"

The bench also expressed its view that in such kind of cases, even the State of Uttar Pradesh should have come to the Supreme Court.

The Bench  of Justice Siddharth of Allahabad High Court in its order on bail dated 02.03.2023 held that:-

"Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail."

Appearances:

For Petitioner(s)
Mr. Bhuwan Raj, AOR- Complainant 

For Respondent(s)

Mr. Garvesh Kabra, AOR-State
Mr. Amit Singh, Adv.
Mrs. Pooja Kabra, Adv.

Mr. Pradeep Kumar Yadav, Adv.-Accused
Mr. Vishal Thakre, Adv.
Mr. Aryan P. Nanda, Adv.
Mr. Gopal Singh, Adv.
Mr. Sanjeev Malhotra, AOR

Case Details:-

SLP (Crl) No.4654/2023

VIRENDRA YADAV
 VERSUS
THE STATE OF UTTAR PRADESH & ANR.