IMPORTANT POINT
Bail - Grant of bail in heinous crime of murder bail on the basis of irrelevant considerations would amount to arbitrary exercise of judicial discretion.

ORDER

1. Leave granted.

2. This appeal is directed the judgment and order dated 03.02.2023 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No.53781 of 2022 whereby the second respondent herein was enlarged on bail.

3. Heard learned counsel for the appellant, learned counsel for the standing counsel for the State of Uttar Pradesh and also the learned counsel for respondent No.2/accused No.5 in the chargesheet filed on completion of the investigation in F.I.R. No.47 of 2022 at Police Station Baluwa, District-Chandauli, Uttar Pradesh.

4. The appellant stands indicted for commission of offences under Sections 147, 148, 352, 302 read with Section 34 of the Indian Penal Code, 1860 (I.P.C). He was arrested in connection with the crime on 29.03.2023. The impugned order was passed on 02.03.2023 on the application of respondent No.1/accused No.5 for regular bail. It is evident that respondent No.2 was granted bail assigning the reasons on the following lines:-

“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. CBI & Another, passed in S.L.P.(Crl). No. 5191 of 2021, judgment dated 11.07.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials.”

As noticed hereinbefore, the appellant standing trial along with other co-accused in a charge of commission of murder issued under Section 302, I.P.C. We have no doubt in our mind that the aforementioned reasons absolutely irrelevant considerations for granting bail in view of the facts that the crime was registered on 16.03.2022 and the appellant was arrested on 29.03.2022 when the charge is of commission of such a heinous crime. It is also to be noted that certain reasons, if allowed to be stand would cause trammel for a fair trial. We may hasten to add that the shall not be understood to have said that the appellant has committed the offences as alleged and certainly it is a matter of evidence. But then, there cannot be any doubt with respect to the position that ignoring the general principles of grant of bail in heinous crime of murder bail on the basis of irrelevant considerations would amount to arbitrary exercise of judicial discretion. It is to be noted that the post-mortem report in this case would reveal that the deceased has sustained 12 ante-mortem injuries, all on the head.

5. In the circumstances mentioned above, we are of the considered view that the High Court has erred in considering the application for bail in the manner it was required to be considered in cases where the charge is of commission of heinous crimes. The upshot of the discussion is that the order granting bail to the respondent No.2 invites interference. In the said circumstances, this appeal stands allowed. The order dated 02.03.2023 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No.53781 of 2022 stands set aside. Respondent No.2 shall surrender before the Trial Court on or before 16.10.2023. In case of failure on the part of respondent No.2 to surrender within the above stipulated time, appropriate steps shall be taken to arrest and commit him to custody, in accordance with law. On production before the trial Court, the personal bond and the surety bonds shall be discharged.

6. The Criminal Appeal stands disposed of, as above. Registry shall communicate the order to the trial Court.

7. Pending application(s), shall stand disposed of.