The main legal point established in the judgment is the need for a judicious exercise of discretion in granting bail, considering factors such as the nature of the offense, severity of punishment, and prima facie satisfaction of the court in support of the charge.

JUDGMENT

1. This application under Section 439 (2) of Cr.P.C. has been registered for cancellation of bail on suo motu exercise of power by this Court while considering the bail application of the co-accused Sikandar Singh Narvariya alias Lalu in Criminal Appeal No.5870/2021.

2. The prosecution case in short is that the complainant Upendra Singh Jatav made a complaint to the police that about 6-7 days back his neighbor Shyamlal was beaten by Sikandar Singh Narvariya alias Lalu, Daplu S/o Nathu Singh Narwariya and respondent-Gajendra Singh Narwariya and thereafter they took the injured to Gwalior and from thereafter, whereabouts of Shyamlal are not known. On the aforesaid information, an enquiry was initiated and statement of witnesses in Merg enquiry were recorded. The Police found that in fact the deceased Shyamlal was beaten by Sikandar Singh Narvariya alias Lalu, Daplu @ Omkar and respondent-Gajendra by Lathi and thereafter they took the deceased to Gwalior and got him admitted in J.A. Hospital Gwalior in the fake name of Nathuram S/o Hukum Singh. The injured Shyamlal, who was admitted in the hospital by co- accused Omkar Singh in the name of Nathuram s/o Hukum, expired on 08/06/2020. Accordingly, the dead body of Shyamlal was handed over to Omkar Singh after the postmortem. It appears that the dead body of Shyamlal, who was admitted in the fake name of Nathuram, was not brought in the village and his cremation was done somewhere else and since whereabouts of Shyamlal was not known, therefore, his neighbor Upendra Singh had made a report to the Police.

3. During the Merg enquiry, statement of witnesses were recorded, who claimed that the name of deceased was Nathuram and ultimately those statements were found to be incorrect. Thus, the Police after completing investigation, has filed the charge-sheet against the Sikandar Singh Narvariya alias Lalu, Omkar Singh and present respondent-Gajendra Singh apart from Ghanshyam, Ravindra, Vinod Sharma, Smt. Sangeeta, Upendra Singh Jatav, Jarman Singh Narwariya, Hotam Singh Narwariya and Sudamalal Kadere. The allegations against the remaining co-accused persons are that they had given false information to the Police. Thus, there are two sets of accused persons which are as under :

1. Sikander Singh Narwariya @ Lalu, Omkar @ Daplu and Gajendra Singh (respondent) against whom it is alleged that not only they had assaulted the deceased Shyamlal by Lathi, but they took him to the hospital and got him admitted in the hospital in the fake name of Nathuram and after the death of Shyamlal on 08/06/2020, who was admitted in the fake name of Nathuram, his dead-body was received by co-accused Omkar and it was not brought to the village and the cremation was done somewhere else in Gwalior itself.

2. Whereas, the allegations against the remaining co-accused persons are that they had given false information to the Police that Nathuram had fallen from the roof of the house and he died in the hospital.

4. The co-accused Sikandar Singh Narvariya alias Lalu filed Criminal Appeal No.5870/2021 for grant of bail and while arguing the said bail application, it was submitted that the Sessions Judge, Bhind has granted bail to the present respondent in BA No.978/2021 and the case of Sikandar Singh Narvariya alias Lalu is identical to that of the present respondent-Gajendra Singh.

5. While considering the submissions made by the counsel for Sikandar Singh Narvariya alias Lalu, this Court found that the Sessions Judge, Bhind had granted bail by observing certain aspects, which were not born out of the record and in fact they were contrary to the record. As already pointed out, there are two sets of accused persons in the present case. Sikandar Singh Narvariya alias Lalu, Omkar alias Daplu and Gajendra are alleged to have assaulted the deceased Shyamlal by Lathi and thereafter they took him to the hospital and got him admitted in the hospital in the fake name of Nathuram and after the death of Shyamlal on 8/6/2020, his