Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail.

Justice Satyen Vaidya made these observations on the principles of bail while hearing a plea wherein the petitioner had challenged her prolonged custody as being unwarranted. The investigating agency has not been able to find any incriminating evidence against petitioner and she had been implicated merely on the asking of the complainant, it was argued.

It was further contended by the petitioner that she had committed no offence and most of the prosecution witnesses are related to the deceased and they had joined hands with the sense of sheer vengeance.

In the instant matter the petitioner, along with four other co-accused, had been charged with the murder of Ankit Kumar alias Anku, who's dismembered body was found in a grassland in Village Samoh on 21st July 2022.

After investigation the police have submitted a final report with sufficient evidence under Section 173 CrPC against the accused, alleging that they conspired to kill Ankit due to enmity with his family and disposed of his body in gunny bags.

The petitioner accordingly had been arrested and remanded to judicial custody since 2nd August 2022 and was hence seeking bail in the matter.

Dealing with the matter at hand Justice Vaidya observed the the report u/s 173 CrPC reveals that there is no eye witness to the occurrence and the accusations against petitioner and other co-accused have been sought to be proved by way of circumstantial evidence.

Observing that though, at this stage, the Court will not minutely scan the evidence collected by the investigating agency, tue Court said however, in order to prima-facie assess the seriousness and gravity of accusations and to find out the existence of reasonable grounds to believe that petitioner has committed the offence as alleged, a cursory scan of the material becomes necessary. It is only for such

Merely because, the accusations are of serious nature and the offence, if proved, will attract severe punishment, cannot be the only ground to deny the bail. It has to be weighed and balanced with other factors, such as the allegations against the bail-petitioner and also the available evidence to prove such allegations, the bench emphasised.

Highlighting the obligation cast upon the Court while deciding a bail application, the court observed that the said duty has its genesis in maintenance of balance between the rights of the accused on one hand and the public interest on the other.

In order to fortify the position the court found it worthwhile to record the observations of supreme court in Manoranjana Sinh alias Gupta vs. Central Bureau of Investigation (2017) 5 SCC 218 wherein SC observed

"The seriousness of the charge, is no doubt one of the relevant considerations while examining the application of bail but it was not only the test or the factor and that grant or denial of such privilege, is regulated to a large extent by the facts and circumstances of each particular case. That detention in custody of under-trial prisoners for an indefinite period would amount to violation of Article 21 of the Constitution of India".

In view of the said legal position the bench noted that the evidence collected by the investigating agency to prove the above noted circumstances, cannot be said to suggest a strong inference against the petitioner.

"In absence of any eye witness to the incident and nonavailability of support in the form of scientific opinion, no such material is found to exist, which may lead a strong inference negating the possibility of any other hypothesis than the commission of alleged offence by the petitioner", the bench pointed.

Keeping in view the law applicable and the factual matrix of the case the bench allowed the petition and admitted the petitioner on bail.

Case Title: Kiran Vs State of Himachal Pradesh

Citation: 2023 LiveLaw (HP) 30

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