J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1 Leave granted.

2 This batch of appeals arises from a judgment of a learned Single Judge of the High Court of Rajasthan at its Jaipur Bench dated 10 May 2019. Allowing the bail application filed under Section 439 of the Code of Criminal Procedure 19731, the High Court enlarged the first respondent on bail subject to certain conditions therein. The original complainant is in appeal before this Court.

3 By similar orders, the learned Single Judge granted bail to the other four accused – Anil Kumar, Ajay Kumar, Vikas Kumar and Vijay Kumar. The appeals filed by the appellant against those orders have been tagged with the present appeal. Since the facts in all these matters and the questions involved are similar, they have been heard together and are being disposed of by this common judgment. For the sake of convenience, the facts in SLP (Crl.) No. 6339 of 2019 are discussed.

4 A First Information Report2 was lodged by the appellant on 3 December 2018 stating that his now deceased nephew – Akhilesh had visited town on leave for a month for his marriage. It was stated that at about 7.00 pm on 2 December

1 CrPC

2 FIR No. 347/2018

2018, the deceased and his friend Aashish left the matrimonial home to run an errand. At about 7.30 pm, the deceased and Aashish stopped their bike on the road which caused a quarrel with two accused persons – Vijay and Anil, who then hurled abuses at the deceased. At that time, five to six boys armed with dandas assaulted the deceased who was rescued by near-by villagers. It was stated that the deceased left the scene on his motorcycle only to be confronted a short distance thereafter by the accused – Anil, Ajay, Rajesh (the first respondent), Vikas and Vijay. It was alleged that the accused used rods to beat the deceased with an intention to kill him. It was alleged that after beating the deceased, the accused fled from the scene of the incident. The deceased was rushed to Jhunjhunu R & R Hospital at Chirawa. However, owing to the serious nature of the injuries, he was referred to Fortis Hospital at Jaipur where he was declared dead.

5 The post-mortem report was recorded on 3 December 2018. Twenty-seven ante-mortem injuries on the body of the deceased were noted. The first respondent was arrested on 3 December 2018. The statements under Section 161 of the CrPC of the appellant and Aashish were recorded. A charge-sheet was filed against the five accused on 10 March 2019 under Sections 147, 148, 149, 302 and 397 of the Indian Penal Code 1908.3 Cognizance was taken by the Judicial Magistrate, Pilani on 27 March 2019. As the accused were charged under Section 302, the case was committed to the Additional Sessions Judge, Jhunjhunu for trial.

3 Penal Code

6 The bail application filed by the first respondent before the Additional Sessions Judge was rejected on 10 April, 2019. Thereafter, the first respondent filed a bail application before the High Court of Rajasthan, which was allowed. The appellant has filed the present appeal before this Court assailing the order of the High Court enlarging the first respondent on bail. Notice was issued by this Court on 12 July 2019.

7 Assailing the judgment of the High Court, the learned counsel appearing on behalf of the appellant submits:

(i) A prima facie involvement of the accused has emerged upon investigation, in a case involving a gruesome murder. There was no reason for the High Court to exercise its power to grant bail;

(ii) The High Court has not passed a reasoned order justifying the grant of bail to the accused;

(iii) The High Court failed to appreciate the statement of the sole injured eye-witness Aashish who was present at the spot of the incident that the accused were responsible for the death of the deceased;

(iv) The post-mortem report observes twenty-seven ante-mortem injuries and opines that the injuries causing death were inflicted within six hours of death; and (v) The phone of the deceased was recovered from one of the ac