IMPORTANT POINT
While granting bail, relevant considerations are nature of seriousness of offence; character of evidence and circumstances which are peculiar to accused and likelihood of accused fleeing from justice and impact that his release may make on prosecution witnesses, its impact on society and likelihood of his tampering with evidence.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) dated 06.10.2020 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application Nos. 6294 of 2020 and 7992 of 2020 by which the High Court has released respective respondents No.2 herein on bail in connection with Case Crime No.203 of 2019 for the offences punishable under Sections 147, 148, 149, 323, 504, 506, 302, 307 and 34 of the IPC, P.S. Barhaj, District Deoria, the original informant/complainant – father of the deceased has preferred the present appeals.

2. That the appellant herein lodged an FIR against respective respondents No.2 and others for the offences punishable under Sections 147, 148, 149, 323, 504, 506, 302, 307 and 34 of the IPC for murder of his son. Respective respondents No.2 – accused applied to release them on bail before the learned Sessions Courts/Additional Sessions Judge, Deoria. By detailed judgment(s) and order(s) dated 19.11.2019 and 22.01.2020, the learned Sessions Courts rejected the said bail applications after perusing the case dairy and other documents. The learned Sessions Courts observed that the accused persons are named in the FIR and it has been alleged that all the accused persons with a common intention attacked the deceased by sword, hockey, stick and rod and killed the son of the complainant. The learned Sessions Court noted that in the statement of witnesses recorded under Section 161 Cr.PC the relevant witnesses have given evidence in support of the incident. That thereafter respective respondents No.2 approached the High Court by way of present applications under Section 439 Cr.PC to release them on bail. By the impugned judgment(s) and order(s), the High Court applied the wrong facts (which has been demonstrated hereinbelow) and has released respective respondents No.2 on bail.

3. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the High Court releasing respective respondents No.2 on bail, the original complainant – father of the deceased has preferred the present appeals.

4. Shri Vijay Kumar Shukla learned counsel appearing on behalf of the appellant – complainant has vehemently submitted that in the facts and circumstances of the case the High Court has committed a grave error in releasing respective respondents No.2 on bail.

4.1 It is vehemently submitted by Shri Vijay Kumar Shukla learned counsel appearing on behalf of the appellant that while releasing respective respondents No.2 on bail, the High Court has applied the wrong facts. It is submitted that the High Court in the impugned judgment(s) and order(s) has noted that the accused were not named in the FIR, but their names have figured up during investigation. It is submitted that aforesaid is factually incorrect. It is submitted that respective respondents No.2 were named in the FIR right from the beginning. It is submitted that it was not the case on behalf of the accused that they were not named in the FIR and that their names were figured up during investigation. It is submitted that even the respective learned Sessions Courts while rejecting the bail applications have specifically noted that the accused were named in the FIR.

4.2 It is further submitted by learned counsel appearing on behalf of the appellant that the High Court has noted that the statement of the witnesses under Section 161 Cr.PC were recorded after inordinate delay of more than 20 days. It is submitted that the same is factually incorrect. It is submitted that as such the statements of the relevant witnesses under Section 161 Cr.PC were recorded on the very day of the incident.

4.3 It is submitted that while releasing the accused on bail the High Court has not taken into consideration the gravity and the nature of offences committed by the accused. It is submitted that the High Court has not at all noted and/or considered that the offence alleged was under Section 149 of the IPC also and th