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SANDEEP MEHTA, JOYMALYA BAGCHI
Meenu Rai – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. special leave petitions rejected; limited observations. (Para 1 , 4 , 5) |
| 2. complainant challenges bail granted to respondents. (Para 2) |
| 3. high court's decision to grant bail upheld. (Para 3) |
ORDER :
1. Permission to file Special Leave Petitions is granted.
2. The complainant is before us by way of these Special Leave Petitions for assailing the orders whereby, the private respondent No(s).2 in both these Special Leave Petitions, namely, Deepansh Rai and Ankit Rai, have been granted regular bail by the High Court. On perusal of the impugned orders and the material placed on record, we find that even though both these respondents were known to the petitioner prior to the incident, they were not named in the FIR.
3. The specific allegation of causing fatal blow is not attributed to either of the private respondents-accused. In this view of the matter, we are of the opinion that the High Court did not commit any error whatsoever in granting bail to the accused. The Special Leave Petitions, being devoid of merit, are hereby rejected.
4. The observations made hereinabove are limited for the disposal of the present Special Leave Petitions and shall not prejudice the proceedi
Bail can be granted when allegations against the accused are not explicitly detailed in the FIR, and the court finds no error in the decision of the High Court.
The Supreme Court upheld the High Court's bail order, affirming that the accused's lack of presence in the FIR and witness statements does not constitute error warranting intervention.
The cancellation of bail granted to an accused will have an impact on the bail granted to co-accused also.
Observations in the order granting bail should be construed only for the purpose of bail and should not affect the merits of the trial or be pressed in any other collateral proceedings.
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
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