Supreme Court cancels bail for murder accused under IPC Section 302 citing inadequate reasoning by lower court

SC set aside HC's order granting bail to accused charged with murder under IPC Section 302 read with Section 34 and Arms Act Section 27. Court held that HC failed to provide adequate reasoning for bail grant, violating natural justice principles. SC emphasized that while liberty is invaluable, courts must consider serious nature of accusations, criminal antecedents, and supporting material when deciding bail applications. Court noted that deceased's mother was eyewitness to killing. Accused directed to surrender within two weeks. Appeals allowed.

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Issues Involved:
1. Grant of bail to the Respondent-Accused by the High Court.
2. Allegations and criminal antecedents of the Respondent-Accused.
3. Reasoning provided by the High Court for granting bail.
4. Legal principles for granting bail.

Summary:

1. Grant of Bail to the Respondent-Accused by the High Court:
The appeals were filed by the informant-Appellant challenging the High Court's orders dated 22.07.2021 and 13.09.2021, which granted bail to the Respondent-Accused in connection with Naubatpur P.S. Case No. 93 of 2020 and Parsa Bazar P.S. Case No. 316 of 2017 respectively.

2. Allegations and Criminal Antecedents of the Respondent-Accused:
The Respondent-Accused was alleged to have committed serious offences, including the murder of the Appellant's son Rupesh Kumar u/s 302 read with Section 34 of IPC and Section 27 of the Arms Act, and an attempt to murder in 2017 u/s 341, 307 read with Section 34 of IPC and Section 27 of the Arms Act. The Respondent-Accused had absconded for seven months after the 2020 incident and had threatened the Appellant and her family. The Respondent-Accused had a history of criminal antecedents with multiple cases pending against him.

3. Reasoning Provided by the High Court for Granting Bail:
The High Court granted bail to the Respondent-Accused based on the reasoning that he was in custody for a significant period and that false implication could not be ruled out. The High Court's orders were criticized for being cryptic and lacking detailed reasoning.

4. Legal Principles for Granting Bail:
The Supreme Court referred to several judgments outlining the principles for granting bail, emphasizing the need for courts to exercise discretion judiciously. Factors such as the nature of the accusation, severity of punishment, likelihood of tampering with evidence, and the criminal antecedents of the accused were highlighted. The Court noted that while detailed reasons are not necessary, the absence of any reasoning or a non-speaking order violates principles of natural justice.

Conclusion:
The Supreme Court found that the High Court had not considered vital aspects of the case and had granted bail in a very cryptic manner. The appeals were allowed, and the High Court's orders granting bail were set aside. The Respondent-Accused was directed to surrender before the concerned jail authorities within two weeks.

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