Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.

"Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench comprising Justices Indira Banerjee and V. Ramasubramanian said while setting aside an order of Allahabad High Court that granted bail to a man accused of rape and murder of eleven year old girl.

While considering the appeal filed by the State, the bench noted that the High Court has ignored the materials on record including incriminating statements of witnesses under Section 164/161 of the Code of Criminal Procedure.

"Statements under Section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.", the Court said.

The court also noted that the bail was granted without considering the heinous nature of the allegations against him, the gravity of the offence alleged and severity of the punishment in the event of ultimate conviction, only because a co-accused had also been granted bail.

The High Court had relied on observations made in Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 to grant bail to the accused. Regarding this, the bench observed:

"The observations and directions in Dataram Singh (supra) were in the context of arrest and long custodial detention in a crime case under Section 138 of the Negotiable Instruments Act, 1881 for issuing cheques and then stopping payment of the cheque. Bail application had been rejected, first by the Trial Court and then by the High Court even after about five months of detention of the accused in custody."

While setting aside the bail order, the bench observed:

"The offence alleged against the respondent-accused of rape and cold-blooded murder of an eleven year old child is heinous and dastardly. The conduct of killing a child to avoid getting caught of the offence, inter alia, of rape and then burial of the child as also her stained clothes and other articles under the soil to cause disappearance of evidence and evade apprehension for the offence of murder is indicative of a tendency to evade the process of law. It is possible that the respondent-accused might flee to evade the process of law."

Case details

Indresh Kumar vs State of Uttar Pradesh | 2022 LiveLaw (SC) 610 | CrA 938 OF 2022 | 12 July 2022 | Justices Indira Banerjee and V. Ramasubramanian

Headnotes

Code of Criminal Procedure, 1973; Sections 439, 161 - Bail - Statements under Section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.

Summary: Appeal against HC order that granted bail to POCSO Accused who allegedly raped and murdered an 11 year old girl - Allowed - Ex facie, the allegations are grave, the punishment is severe and it cannot be said that there are no materials on record at all - Order set aside. 

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