The Supreme Court allowed the appeal filed by the complainant and set aside the High Court orders granting bail to the accused, Vivek Pal @ Vikki Pal and Punit Pal. The Court emphasized the serious nature of the offense, the conduct of the accused, and their alleged attempts to intimidate witnesses. Bail was canceled, and both accused were ordered to be taken into custody. The trial court was directed to expedite the trial within one year.

1. Appeal Details:

   • Case: Arising from SLP (Crl.) No. 14988 of 2023.
   • Issue: Challenge to High Court orders granting bail to Vivek Pal and Punit Pal.
   • High Court Orders: Bail granted on 24.04.2023 (Vivek Pal) and 31.10.2023 (Punit Pal).
   • FIR Details: Incident occurred on 02.01.2022. The victim, Jitendra Singh, was beaten by the accused with iron rods, hockey sticks, and bats, leading to his death on 10.02.2022.

2. Accused Details:

   • Vivek Pal @ Vikki Pal and Punit Pal: Apprehended in January 2022, charged with murder and other offenses. Weapons were recovered from them.

3. Arguments by Appellant:

   • Charges were framed, and the recovery of weapons was made.
   • Allegations of intimidation and influence over witnesses, with market closures due to the accused’s influence.
   • Prior threats to witnesses, including the appellant.

4. Respondent's Argument:

   • Accused were cooperating with the trial.
   • Allegations of threats were baseless and aimed at maligning the accused.

5. Court's Ruling:

   • Canceled the bail granted to both accused.
   • Stressed the seriousness of the crime and societal impact.
   • Ordered the trial to be completed within one year.

Acts and Sections Discussed:

• Code of Criminal Procedure, 1973: Section 439 (Bail)
• Indian Penal Code, 1860: Sections 147, 148, 149, 323, 504, 506, 427, 394, 411, 302, and 120B
• Criminal Law Amendment Act, 2013: Section 7
• Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

Ratio Decidendi:

The Court held that bail was improperly granted by the High Court without due consideration of the severity of the crime, the conduct of the accused, and the potential threat to witnesses. The Court reiterated that bail must not be granted arbitrarily or without proper examination of the case's merits, especially when there is evidence of serious charges and potential witness intimidation.

Subjects:

Criminal Law, Bail, Witness Protection, Murder Case

Criminal Procedure, Murder, Witness Intimidation, Indian Penal Code, Uttar Pradesh Gangsters Act