Supreme Court grants bail to accused imprisoned for attempt to murder for past 6 months

Supreme Court: In a special leave petition filed against the judgment and order passed by Rajasthan High Court, wherein the Court denied bail to the accused, the division bench of Vikram Nath and Prashant Kumar Mishra, JJ. has granted bail to the accused.

The accused has been arrested and kept in incarceration due to his alleged involvement in the occurrence of the offences under Sections 323, 341, 324, 326, 307 and 34 of the Penal Code, 1860 (‘IPC’), and under Sections 3(1)(r), 3(1)(s) & 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ ST Act’).

The accused submitted that no insult of intimidations has been alleged by the complainant and it is only as a pressurising tactic that the offences under SC/ ST Act have been added in the FIR as well as the chargesheet.

The accused also submitted that the High Court failed to appreciate that the accused has no criminal antecedents and the same was confirmed by the investigating agency. That solely on the basis of criminal antecedents of co accused person, the right of bail of the accused is being taken away from him.

The accused further submitted that impugned order failed to acknowledge that it is the law of the land that liberty of a citizen is undoubtedly important, but this is to balance with the security of the community. A balance is required to be maintained between the personal liberty of the accused and the investigational rights of the police. Hence, the accused filed the present Special Leave Petition.

Court’s Order:

Considering the period of incarceration undergone by the accused and that he has no criminal antecedents, and that the co- accused has been released on bail, the Court granted bail to the accused.

Further, the Bench directed that the accused be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with FIR.

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