Sudha Singh vs The State of Uttar Pradesh & Anr.

Court

Supreme Court of India

Date

23 April 2021

Case No.

Criminal Appeal No. 448 of 2021

Result

Allowed

Bench

S.A. Bobde, A.S. Bopanna, V. Ramasubramanian

Citation

[2021] 4 S.C.R. 95 : 2021 INSC 271

Headnote

Bail: Bail granted to accused arrested with respect to the offence punishable under s.3(1) of the U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986 – Accused alleged to be a contract killer and sharp shooter and allegedly murdered husband of the appellant in conspiracy with others – Previously he was prosecuted in 15 cases for serious offences including murder, attempt to murder and criminal conspiracy – High Court granted bail to the accused on liberal terms – Appeal by complainant – Held: High Court overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection – In cases of this nature, it is important that courts do not enlarge an accused on bail with a blinkered vision by just taking into account only the parties before them and the incident in question – High Court simply ignored the antecedents of the accused and the potential to repeat his acts by organising his criminal activities – High Court’s order granting bail is set aside.

Allowing the appeal, the Court

HELD: 1. The High Court has overlooked several aspects, such as the potential threat to witnesses, forcing the trial court to grant protection. It is necessary for courts to consider the impact that release of such persons on bail will have on the witnesses yet to be examined and the innocent members of the family of the victim who might be the next victims. [Para 8] [97-H; 98-A-B]

2. There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail. [Para 12][99-B] Neeru Yadav v. State of U.P. (2014) 16 SCC 508 : [ 2014]

12 SCR 453; Ash Mohammad v. Shiv Raj Singh (2012)

9 SCC 446 : [2012] 7 SCR 584; Prasanta Kumar Sarkar v. Ashis Chatterjee and Another (2010) 14 SCC 496 : [2010] 12 SCR 1165 – relied on.

The Judgment of the Court was delivered by JUDGMENT 1. Leave granted. 2. This is a criminal appeal filed against the order of the Allahabad High Court granting bail to the accused who has been arrested with respect to the offence punishable under Section 3 (1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. 3. The appellant is the wife of a deceased victim namely Rajnarain Singh who has been allegedly murdered by the accused, who is Respondent No. 2 herein, in conspiracy with others. A First Information Report bearing Case Crime Number 200 of 2015, P.S.-Sodhari, Dis

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