IMPORTANT POINTS
While granting the bail application, the High Court has to notice the relevant circumstances bearing on the seriousness and gravity of the crime and the role attributed to the applicant.

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. This appeal arises from a judgment dated 11 August 2021 of a Single Judge at the Jaipur Bench of the High Court of Judicature for Rajasthan. By the judgment impugned in the appeal, the High Court has allowed the fifth bail application of the second respondent.

2. FIR No. 732 of 2017 was registered at Police Station Mathuraghat for offences punishable under Sections 147, 148, 149, 323, 341, 307, 302 and 336 of the Indian Penal Code 1860¹[“IPC”]. While allowing the application for bail, the Single Judge has observed:

“6. Taking note of the fact that petitioner has remained in custody for a period of three years and ten months, she is a female, no overt act is assigned to her in the present case, co-accused Vijay Pal against whom there was allegation has been given benefit of bail, after rejection of fourth bail application by this Court, there is variance in prosecution story, earlier the presence of accused was s[h]own at the tea shop and later on presence of accused according to witness is shown at the place of occurrence and conclusion of trial will take time, hence, I deem it proper to allow the fifth bail application.”

3. The appellant is the son of the deceased-Daansingh-who was the Sarpanch of the village. It has been alleged that there was a prior enmity between the accused and the deceased, as a consequence of which the husband of the second respondent together with certain other members of his family and sharp shooters shot at Daansingh in September 2015. Daansingh survived the incident. FIR No. 466 of 2015 under Section 307 of the IPC was registered at Police Station Kumher. The second respondent was arrested and charge-sheeted. The evidence of Daansingh was to be recorded at the criminal trial. A fortnight prior to the recording of his evidence, Daansingh was murdered on 11 September 2017.

4. On 12 September 2017, FIR No. 732 of 2017 was registered at Police Station Mathuraghat by the brother of the appellant for offences punishable under Sections 147, 148, 149, 323, 341, 307, 302 and 336 of the IPC and Sections 3/25 and 4/25 of the Arms Act 1959. The second respondent was arrested on 3 October 2017. After investigation, the final report under Section 173 of the Code of Criminal Procedure Code 1973²[“CrPC”] was submitted on 28 December 2017 in which the second respondent has been named as an accused.

5. The second respondent was denied bail by the High Court on 6 April 2018, September 2019 and 8 September 2020. In its order dated 5 September 2019, the High Court noted:

“5. […] I.O. is present in person in the Court, who has produced the calls details. It is informed by Investigating Officer that two mobiles were recovered from the petitioner and from I.M.E.I. number, it is revealed that different sims were used in these mobiles and two sims that was used, petitioner was in contact with Prahlad and her son Anek Singh, who is also accused in this case. It is also informed that day prior to the incident, petitioner and one Bhuria came to the office of A.S.I and threatened to murder Dansingh. It is also informed that petitioner informed the shooter about movement of the deceased and she was constantly in touch with Prahlad and her son-Anek Singh.”

6. By its order dated 8 September 2020, the High Court, while dismissing the fourth bail application, also observed that the second respondent was not cooperating in the investigation.

7. The High Court has allowed the fifth application for bail of the second respondent observing that

(i) The second respondent is a woman;

(ii) She has been in custody for three years and ten months;

(iii) No overt act was assigned to her in the present case;

(iv) Co-accused Vijaypal has been granted bail;

(v) There is a variance in the story of the prosecution in respect of the location of the second respondent; and

(vi) The conclusion of the trial is likely to take time.

8. Mr Namit Saxena, counsel appearing on behalf of the appellant submitted that:

(i) The High Co