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SANDEEP MEHTA, SANJAY KAROL, VIKRAM NATH
Rajeev Kishor Gautam – Appellant
Versus
State of Bihar – Respondent
| 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 :
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.
4. According to the statement of the appellant, one of the accused first struck a blow on the head of the deceased with an iron rod, causing him to fall unconscious. Thereafter, the other accused persons assaulted him with lathis and also attacked those who attempted to intervene. The appellant and his uncle suffered serious injuries, while the appellant's father later died in hospital.
6. However, the High Court, by the impugned order, granted anticipatory bail to three of the accused persons.
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....
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
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