Case Note & Summary
The appellant, the father of the deceased Ashfaque Ahmad, challenged two orders of the Allahabad High Court (Lucknow Bench) dated 23.09.2021 granting regular bail to respondents Subhash Yadav and Rajesh Vikram Singh in connection with Case Crime No. 17 of 2018 under Sections 147, 148, 149, 307, 302, 120-B/34 IPC and Sections 3/4 of the Explosive Substances Act, Police Station Jagdishpur, District Amethi. The allegations were that the appellant along with his son and companions were present outside the Jagdishpur Branch of Vijaya Bank when accused Vanshraj Yadav attacked Ashfaque Ahmad by throwing a grenade, and thereafter Satai and other accused persons started indiscriminate firing, resulting in Ashfaque Ahmad's death on the spot and injuries to Razi Ahmad @ Manu. Two accused persons were caught hold on the spot with the help of the public. The Supreme Court, by the present order, granted leave and set aside the bail orders, observing that the High Court had not applied its mind to the seriousness of the offence and the evidence. The Court directed the respondents to surrender forthwith.
Headnote
A) Criminal Law - Bail - Murder and Explosive Substances Act - Sections 302, 307, 147, 148, 149, 120-B IPC and Sections 3/4 Explosive Substances Act, 1908 - Grant of bail by High Court set aside for non-application of mind - The High Court allowed bail applications without adequately considering the seriousness of the allegations involving a grenade attack and indiscriminate firing resulting in death - Held that bail orders were passed mechanically and are liable to be set aside (Paras 1-3).
Issue of Consideration
Whether the High Court was justified in granting bail to the respondents accused of murder and use of explosives without properly considering the gravity of the offence and the evidence on record.
Final Decision
The Supreme Court set aside the impugned orders of the High Court granting bail to the respondents and directed them to surrender forthwith.
Law Points
- Bail
- Murder
- Explosive Substances Act
- Non-application of mind
- Seriousness of offence
- Public order
Case Details
2023 LawText (SC) (4) 100
CRIMINAL APPEAL No.1168 OF 2023 (ARISING OUT OF SLP (CRL.) No.8487 of 2021) WITH CRIMINAL APPEAL No.1169 OF 2023 (ARISING OUT OF SLP (CRL.) No.8540 OF 2021)
(SURYA KANT J. , J.B. PARDIWALA J.)
Subhash Yadav and Rajesh Vikram Singh
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Nature of Litigation
Criminal appeal against grant of bail in a murder case involving use of explosives.
Remedy Sought
Appellant sought setting aside of bail orders granted to respondents by the High Court.
Filing Reason
Appellant challenged the bail orders on the ground that the High Court did not apply its mind to the gravity of the offence.
Previous Decisions
High Court of Judicature at Allahabad, Lucknow Bench allowed Bail Application No. 624 of 2019 (Subhash Yadav) and Bail Application No. 4309 of 2019 (Rajesh Vikram Singh) on 23.09.2021.
Issues
Whether the High Court properly considered the seriousness of the allegations and evidence while granting bail.
Submissions/Arguments
Appellant argued that the High Court passed the bail orders mechanically without considering the gravity of the offence involving a grenade attack and firing resulting in death.
Ratio Decidendi
Bail orders must reflect application of mind to the seriousness of the offence and the evidence on record; mechanical grant of bail in serious offences like murder and use of explosives is unsustainable.
Judgment Excerpts
Leave granted.
The appellant seeks to assail two orders of even date i.e., 23.09.2021, passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow whereby the Bail Application No. 624 of 2019, filed by the respondent – Subhash Yadav, and Bail Application No. 4309 of 2019, filed by the respondent – Rajesh Vikram Singh, in Case Crime No. 17 of 2018 under Sections 147, 148, 149, 307, 302, 120-B/34 IPC and Sections 3/4 of the Explosive Substances Act, Police Station Jagdishpur, District Amethi were allowed and both the abovementioned respondents have been enlarged on regular bail.
Procedural History
The High Court of Judicature at Allahabad, Lucknow Bench allowed bail applications of the respondents on 23.09.2021. The appellant challenged these orders before the Supreme Court, which granted leave and set aside the bail orders.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 147, 148, 149, 307, 302, 120-B/34
- Explosive Substances Act, 1908: 3, 4
