SUDHA SINGH versus THE STATE OF UTTAR PRADESH & ANR.

Citation: [2021] 4 S.C.R. 95 · Decided: 23-04-2021 · Supreme Court of India · Bench: S.A. BOBDE, A.S. BOPANNA, V. RAMASUBRAMANIAN · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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   [2021] 4 S.C.R. 95
95
SUDHA SINGH
v.
THE STATE OF UTTAR PRADESH & ANR.
(Criminal Appeal No. 448 of 2021)
APRIL 23, 2021
[S.A. BOBDE, CJI, A.S. BOPANNA AND
V. RAMASUBRAMANIAN, JJ.]
Bail: Bail granted to accused arrested with respect to the
offence punishable under s.3(1) of the U.P. Gangster and Anti-
Social Activities (Prevention) Act, 1986 – Accused alleged to be a
contract killer and sharp shooter and allegedly murdered husband
of the appellant in conspiracy with others – Previously he was
prosecuted in 15 cases for serious offences including murder, attempt
to murder and criminal conspiracy – High Court granted bail to the
accused on liberal terms – Appeal by complainant – Held: High
Court overlooked several aspects, such as the potential threat to
witnesses, forcing the trial court to grant protection – In cases of
this nature, it is important that courts do not enlarge an accused on
bail with a blinkered vision by just taking into account only the
parties before them and the incident in question – High Court simply
ignored the antecedents of the accused and the potential to repeat
his acts by organising his criminal activities – High Court’s order
granting bail is set aside.
Allowing the appeal, the Court
HELD: 1. The High Court has overlooked several aspects,
such as the potential threat to witnesses, forcing the trial court
to grant protection. It is necessary for courts to consider the
impact that release of such persons on bail will have on the
witnesses yet to be examined and the innocent members of the
family of the victim who might be the next victims. [Para 8]
[97-H; 98-A-B]
2. There is no doubt that liberty is important, even that of a
person charged with crime but it is important for the courts to
recognise the potential threat to the life and liberty of victims/
witnesses, if such accused is released on bail. [Para 12][99-B]
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SUPREME COURT REPORTS
[2021] 4 S.C.R.
Neeru Yadav v. State of U.P. (2014) 16 SCC 508 : [ 2014]
12 SCR 453; Ash Mohammad v. Shiv Raj Singh (2012)
9 SCC 446 : [2012] 7 SCR 584; Prasanta Kumar Sarkar
v. Ashis Chatterjee and Another (2010) 14 SCC 496 :
[2010] 12 SCR 1165 – relied on.
Case Law Reference
[2014] 12 SCR 453
relied on
Para 9
[2012] 7 SCR 584
relied on
Para 10
[2010] 12 SCR 1165
relied on
Para 11
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 448 of 2021.
From the Judgment and Order dated 08.05.2020 of the High Court
of Judicature at Allahabad in Criminal Miscellaneous Bail Application
No. 3623 of 2018.
Nirmal Kumar Ambastha, Ms. Ashmita Bisarya, Advs. for the
Appellant.
Ms. Srishti Singh, Ajay Kumar Prajapati, Advs. for the
Respondents.
The Judgment of the Court was delivered by
JUDGMENT
1. Leave granted.
2. This is a criminal appeal filed against the order of the Allahabad
High Court granting bail to the accused who has been arrested with
respect to the offence punishable under Section 3 (1) of the U.P. Gangster
and Anti-Social Activities (Prevention) Act, 1986.
3. The appellant is the wife of a deceased victim namely Rajnarain
Singh who has been allegedly murdered by the accused, who is
Respondent No. 2 herein, in conspiracy with others. A First Information
Report bearing Case Crime Number 200 of 2015, P.S.-Sodhari, Distt.-
Azamgarh, was registered in that regard and a charge sheet for offences
under Sections 120-B and 302 of the Indian Penal Code, 1860 and Sections
3 and 25 of the Arms Act, 1959 was filed against the accused. The
accused is alleged to be a contract killer and a sharpshooter. In fact,
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previously, the accused has been prosecuted in fifteen cases for serious
offences including murder, attempt to murder and criminal conspiracy.
4. According to the prosecution, the accused along with other
persons operate an organized crime gang in Azamgarh that allegedly
commits offences punishable under Chapters 16, 17 and 22 of the Indian
Penal Code. The very purpose of the gang is to make physical and
financial gains by committing innumerable crimes of serious nature. It is
also stated that this gang instills extreme fear and terror in the area
where it operates thereby precluding persons from coming forward and
lodging police complaints against its activities, or for that matter deposing
in cases pertaining thereof.
5. By the order impugned in this criminal appeal, the Allahabad
High Court granted bail to the accused herein on very liberal terms, such
as the execution of a personal bond to the satisfacti

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