Case Name: Prabhakar Tewari vs. State of U.P.
Case No.: Criminal Appeal No. 153-154 of 2020
Coram: Justice Deepak Gupta and Justice Aniruddha Bose
The appeal raised by the appellant of the case against the order of the High Court granting bail to two accused who have been called before the court to answer the criminal charges initiated based on the First Information Report. The appellant is the son of the deceased who has been victimized in the case and got killed by several shots while riding in the motorcycle in front of Warisganj Railway station on the highway. The appellant was assaulted on the gunshot while he was returning to his residence after the Court proceeding related to the case. The person named the accused who has conspired the crime and assailing the order of the High Court which granted bail to the accused. It was also submitted by the appellant that the accused was involved in at least five criminal cases.
The bail was granted based on the terms stated by the learned counsel of the accused that the accused was falsely dragged in the present case and statement of one of the witnesses has been recorded in favour of accused which states that he heard the planning of criminal conspiracy against the accused to allege him in the present case. There was no misuse of liberty practised by accused after bail like fleeing away from judicial custody and tampering of the witnesses.
The Supreme Court has favoured the decision of the high court for granting bail to the accused. It was further stated by the court that the factors like the gravity and seriousness of the offences alleged against the accused can never be the basis for refusal to grant bail seek by the accused. The court dismissed the appeal against the order of the high court for granting bail to two accused alleges with the charges of murder and no wrong and improper discretion has been exercised by the court while granting bail to the accused. There was no evidence on record were present to indicate that the order of the High Court to grant bail was impugned out of the non-application of the mind. The offence was grave and serious and various criminal cases pending against the accused cannot be the basis for refusal of the bail prayer. The appeal is dismissed and the order of the High court has been affirmed.
Edited by Vartika Gajendra Singh
Approved & Published – Sakshi Raje