Bail – Prosecution case was that the accused-appellants tarageted the victim-deceased because he belonged to a certain community and assaulted him with bats and sticks which resulted in his death – Trial court rejected their bail applications – High Court directed release of accused on the ground that accused had no personal animus against the deceased and seemed to be provoked in the name of religion – High Court in impugned judgment noted that the fault of the deceased was only that he belonged to another religion and this factor was considered in favour of the accused – Held: Such an observations appeared to be coloured with a bias for or against the community – The directions contained in the impugned order cannot be sustained – Impugned order is set aside – Bail applications are restored to the file of High Court – High Court to hear the matters afresh.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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