Points of Law : High Court has misapplied itself, both to the facts and in law while granting bail in a criminal case involving a serious offence where two murders have resulted in the incident.

JUDGMENT

Dr. Dhananjaya Y Chandrachud, J. - Leave granted.

2. This appeal arises from a judgment and order dated 23 November 2020 of a Single Judge of the High Court of Judicature at Allahabad in Criminal Miscellaneous Bail Application No 30360 of 2020, by which the first and second respondents were granted bail. The appellant, who is the original informant, challenges the grant of bail.

3. A First Information Report, being FIR No 116 of 2020, was registered at Police Station Singhwali Ahir in the District of Baghpat on 5 May 2020 at 4.35 pm. The FIR which was lodged by the appellant states that at 4 pm on the date of the incident, he had parked his tractor trolley on a public road. Soon thereafter, it is alleged that one Manbeer, son of Nain Singh, came there and directed the appellant to remove his tractor trolley from the road. After the appellant told Manbeer that he would do so after the arrival of another tractor trolley, Manbeer is alleged to have gone back to the village. Thereafter, when the appellant and the members of his family were going to the sugarcane field for collecting sugarcane on their bullock cart, Manbeer came to the location together with fourteen persons, including the first and second respondents. It has been stated that the persons who returned with Manbeer were armed with farsas, lathis and cane knives, and attacked the informant and the members of his family. Further, it has been specifically noted that the first respondent was carrying a country-made pistol (katta). As a result of the incident, it has been alleged that seven members of the family of the informant sustained grievous injuries. The father of the informant was declared dead at 4.55 pm, while his uncle died on 9 May 2020 due to the grievous injuries sustained in the incident. Though, initially the FIR was registered, inter alia, under the provisions of Section 307 of the Indian Penal Code, 1860 [1] , as a result of the two homicidal deaths, the investigation took place with reference, inter alia, to the provisions of Sections 147, 148, 149, 323 and 302 of the Penal Code and a charge-sheet has, accordingly, been submitted by the police after investigation on 22 July 2020.

[1] "Penal Code"

4. The first and second respondents, Amardeep and Bhushan, initially applied for the grant of bail before the Sessions Judge, Baghpat, in an application bearing No 966 of 2020. They were denied bail by an order dated 28 July 2020. Thereafter, they applied for the grant of bail before the Allahabad High Court in Criminal Miscellaneous Bail Application No 30360 of 2020. A Single Judge of the Allahabad High Court granted bail, adducing the following reasons:

"Looking to the fact that it is not ascertainable as to who had caused the fatal injury out of 15 accused persons, taking into consideration quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail."

5. Aggrieved by the grant of bail, the appellant moved this Court under Article 136 of the Constitution. On 11 January 2021, notice was issued by this Court. In pursuance of the order issuing notice, the first and second respondents have entered appearance, as has the State of U.P. On behalf of the appellant, it has been submitted that this is a case where two homicidal deaths have taken place. Having regard to the contents of the FIR and the charge-sheet which has been submitted after investigation, it has emerged that a large group of persons, who formed an unlawful assembly, had caused the deaths of the father and the uncle of the appellant. The first and second respondents have been named in the FIR, which was lodged immediately after the incident. Hence, it has been submitted that in view of the invocation of the provisions of Section 149 of the Penal Code, the High Court was not justified in granting bail in a matter involving the commission of a serious offence, only on the ground that