IMPORTANT POINTS
While granting bail court has to see whether there is likelihood of offence being repeated and also whether there is danger of justice being thwarted by grant of the bail.
Misconduct of accused subsequent to grant of bail or supervening circumstances, and grant of bail unjustifiably and illegally and therefore being perverse stand on different footing.
Supreme Court normally does not interfere with grant or not of bail. But when grant of bail is perverse showing non-application of mind, it has to interfere.
A history-sheeter charged with murder in day light against whom many other criminal cases including those for heinous crimes are pending does not deserve bail.

JUDGMENT

Dipak Misra, J. —Leave granted.

2. The present appeal, by special leave, calls in question the legal substantiality and defensibility of the order dated 22.09.2014 passed by the High Court of judicature at Allahabad in Criminal Misc. Bail Application No. 31078 of 2014 whereby the learned Judge, in exercise of power under Section 439 of Code of Criminal Procedure, 1973 (Cr.PC) had admitted the 2nd respondent to bail in Crime No. 237 of 2013 instituted for offences punishable under Sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 of the Indian Penal Code (IPC).

3. As the impugned order would reveal, it was contended on behalf of the 2nd respondent that similarly placed co-accused, Ashok, had already been enlarged on bail by the High Court by order dated 23.9.2013 in Criminal Misc. Bail Application No. 21876 of 2013 and role of the accused-respondent No.2 was identical to that of Ashok Kumar and he should be released on bail. Thus the foundation of the prayer for grant of bail was on the bedrock of parity. The said prayer for grant of bail was opposed with vehemence by the learned A.G.A. contending, inter alia, that the accused had criminal antecedents and the role attributed to him was different. The same was controverted by the accused asserting that the said aspect had been explained in the affidavit attached to the bail application.

4. As the factual narration would further undrape, the learned Single Judge keeping in view the aforesaid aspects passed the following order:-

“Considering the submission made by the learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of party.

In view of the above, let the applicant, Mitthan Yadav be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 237 of 2013, under sections 147, 148, 149, 302, 307, 394, 411, 454, 506, 120B and 34 I.P.C., P.S. Kavinagar, district-Ghaziabad with the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.”

5. Being aggrieved by the aforesaid order, the wife of the deceased has preferred this appeal for setting aside the order.

6. At this juncture, it is apt to note that 2nd respondent had moved an application for bail before the learned Additional District & Sessions Judge, Ghaziabad who took note of the factual matrix, which is as follows:-

“As per the prosecution story complainant Sakek Chand has lodged the report at PS Kavi Nagar that accused Mitthan, Manoj, lala Kapil and Budhu @ Budhpal were keeping enmity with the brother of the complainant Salekh Chand on their consuming wine in front of the house of complainant and due to this fear brother the complainant had keep a private gunner. On 25.2.13 at about 11.00 a.m. complainant and his brother Yashvir, Munir and Deepak were sitting in the house and suddenly above all accused carrying weapon in their hands entered into the house of the complainant and began hectic firing. Brother of the complainant received several bullet injuries. Complainant ran raising noise and also caught him and cause grievous injuries on his head, due to which he fell down. Hearing the voice of firing gunner also came and his rifle was snatched him them and also gave beatings to him and injured him. When people of the village gathered accused fled away giving threatening. People of the village admitted brother of the complainant in hospital where doctor declared him dead.”

Learned Additional District & Sessions Judge, after taking note of the aforesaid allegations, decline