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SANDEEP MEHTA, SANJAY KAROL, VIKRAM NATH
Rajeev Kishor Gautam – Appellant
Versus
State of Bihar – Respondent
Key Points: - The judgment holds that anticipatory bail in serious offences must not be granted mechanically and requires thorough analysis of facts and surrounding circumstances. (!) (!) - The High Court’s order granting anticipatory bail was cryptic and lacked proper judicial scrutiny; it failed to consider the gravity of the offences and the eyewitness statement. (!) (!) - The appeal is allowed; the High Court’s anticipatory bail order is set aside and the respondents are directed to surrender within eight weeks and may apply for regular bail before the Trial Court on merits. (!)
| Table of Content |
|---|
| 1. facts of the case regarding the assault (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding bail and roles in incident (Para 8 , 9) |
| 3. court's analysis of the high court's bail decision (Para 10 , 11 , 12) |
| 4. conclusion granting appeal and setting aside bail (Para 13 , 14) |
ORDER :
1. Leave granted.
2. The present appeal arises out of the order dated 24.04.2024 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 24649 of 2024, whereby the High Court granted anticipatory bail to three accused persons in connection with offences under Sections 34 1 , 323, 307, 379, 302, and 34 of the INDIAN PENAL CODE , 1860[In short, "IPC"]. The appellant before us is the original complainant.
3. The facts giving rise to the present appeal are as follows. The appellant is the son of the deceased. On 28.12.2023, the deceased was assaulted with an iron rod and lathis during a dispute between neighbours. As a result of the head injury sustained, the appellant's father succumbed to his injuries the same day. FIR No. 512306231227 of 2023 was registered on the basis of the appellant's statement, naming seven accused persons.
4. According to the statement of the appellant,
Accused praying for anticipatory bail has to make out more than a prima facie case of false implication – Grant of anticipatory bail is not a matter of course.
Grant of anticipatory bail – Although grant of bail is a discretionary exercise, Courts must be cautious to exercise this discretion judiciously – Balance has to be struck to protect individual liber....
Anticipatory bail denied due to the serious nature of the assault, the petitioner's status as a proclaimed offender, and the public safety concerns highlighted by the evidence.
Anticipatory bail – Court concerned has to be very cautious as grant of interim protection or protection to accused in serious cases may lead to miscarriage of justice and may hamper investigation to....
The power to grant bail should be exercised judiciously, taking into consideration the gravity of the offence, the evidence on record, and the likelihood of the accused tampering with evidence or inf....
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