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of <h1>SC Revokes Bail, Cites Key Evidence and Investigation Interference; Orders Immediate Surrender to Protect Fair Trial.</h1> <h3>State through C.B.I Versus Amaramani Tripathi and Madhumani Tripathi</h3> State through C.B.I Versus Amaramani Tripathi and Madhumani Tripathi - 2005 AIR 3490, 2005 (3) Suppl. SCR 454, 2005 (8) SCC 21, 2005 (8) JT 517, 2005 (7) ... Issues Involved:1. Grant of bail to Amarmani Tripathi.2. Grant of bail to Madhumani Tripathi.3. Interference with investigation and tampering with evidence by the accused.4. Legal principles governing the grant and cancellation of bail.Issue-wise Detailed Analysis:1. Grant of Bail to Amarmani Tripathi:The High Court granted bail to Amarmani Tripathi on the grounds that the main evidence against him was the retracted confessional statement of co-accused Rohit Chaturvedi, which was deemed inadmissible. The High Court found no direct evidence linking Amarmani to the conspiracy to murder Madhumita Shukla, apart from circumstantial evidence like the illicit relationship and DNA test results. The High Court also noted that Amarmani had no criminal history that could justify denying bail and concluded that there was no risk of him fleeing or tampering with witnesses.2. Grant of Bail to Madhumani Tripathi:The High Court granted bail to Madhumani Tripathi, considering her a secondary conspirator and noting that her husband, the main accused, had already been granted bail. The court highlighted her lack of criminal antecedents and the absence of direct evidence linking her to the conspiracy. The High Court found that the confessional statement of Rohit Chaturvedi was the only evidence against her, which was insufficient for denying bail.3. Interference with Investigation and Tampering with Evidence:The Supreme Court found substantial evidence that Amarmani Tripathi interfered with the investigation, attempted to mislead the police, and threatened witnesses. Statements from various individuals, including police officers and journalists, indicated that Amarmani tried to create false evidence, such as fabricating a marriage between Madhumita and another individual, and attempted to prevent the preservation of crucial evidence like the foetus. The Supreme Court noted that Amarmani's influence led to the transfer of police officers who were diligently investigating the case.4. Legal Principles Governing the Grant and Cancellation of Bail:The Supreme Court reiterated that bail should be granted judiciously, considering factors like the nature and gravity of the offense, the risk of the accused fleeing, and the potential for tampering with evidence. The court emphasized that while detailed examination of evidence is not required at the bail stage, a prima facie case must be established. The court also highlighted that interference with the investigation and threats to witnesses are significant factors warranting the denial or cancellation of bail.Conclusion:The Supreme Court found that the High Court had erred in granting bail to both Amarmani and Madhumani Tripathi by not adequately considering the substantial evidence of their involvement in the conspiracy and their attempts to interfere with the investigation. The Supreme Court set aside the High Court's orders granting bail and directed the respondents to surrender immediately, emphasizing the need to protect the integrity of the judicial process and ensure a fair trial.
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