The Supreme Court cancelled the bail of an accused granted by the Allahabad High Court last year in a case involving section 302, 307 IPC.

The Supreme Court held that the High Court granted bail to an accused on the ground of "Overcrowding in jail" relying on the judgment of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021. 

The bench of Justices Hrishikesh Roy and SVN Bhatti held that this ground was not sufficient for the grant of bail by the High Court since there were 2 gunshot wounds on the chest of the deceased. 

Justice Siddharth of the High Court granted bail to the accused citing the following reasonings:-

"Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the 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 trial; larger mandate of the Article 21 of the Constitution of India and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed."

Case Details:-

SLP No(s).12080/2023
MAHIPAL SINGH
VERSUS
THE STATE OF UTTAR PRADESH & ANR.