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Supreme Court Sets Aside High Court's Bail Order in Murder Case, Citing Inadequate Consideration of Evidence

07 May 2024 8:19 AM

By: Admin


In a significant development, the Supreme Court of India has set aside the bail order granted by the High Court of  Rajasthan in a murder case, highlighting the inadequate consideration of evidence. The judgment was delivered by a bench comprising of Justice M.R. Shah and Justice Ahsanuddin Amanullah.

The case, Criminal Appeal Nos. 1343-44 of 2023, involved the appellant, Rahul Gupta, who was aggrieved by the High Court's decision to grant bail to the original accused. The accused had been charged with serious offenses under Sections 302 (murder), 307 (attempt to murder), 201 (causing disappearance of evidence), and 120-B (criminal conspiracy) of the Indian Penal Code.

The Supreme Court observed that the High Court had granted bail without adequately considering the material collected during the investigation or the gravity of the alleged offenses. The High Court's order had cited the possibility of a prolonged trial as the basis for granting bail. However, the apex court noted that in a case involving an offense as serious as murder, the material collected during the investigation should have been carefully examined.

Justice M.R. Shah, delivering the judgment, stated that when accused individuals are chargesheeted after an investigation, the court must take into account the evidence and material collected during the investigation before deciding on bail. The Supreme Court found the High Court's order to be unsustainable and directed the accused to surrender before the concerned court or jail authority within ten days.

The Supreme Court further instructed the High Court to reexamine the bail applications, considering the evidence and material collected during the investigation. The court emphasized the need for prompt disposal of the applications after the accused surrender.

New Delhi, May 4, 2023

Rahul Gupta vs State of Rajasthan & Anr. Etc.

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