Supreme Court cancels anticipatory bail to three accused in murder case

The Supreme Court on Friday cancelled the anticipatory bail granted to three accused in a case in which they killed a 20-year-old by setting him ablaze [Shambhu Debnath v. State of Bihar and Others]..A Bench of Justices Vikram Nath and PB Varale expressed its dismay at the Patna High Court's decision to grant relief in a "cryptic and mechanical manner" in a murder case without adequately considering the available evidence.The apex court opined that the High Court failed to consider the chargesheet which clearly stated that the allegations were found to be true against all accused persons."We fail to understand as to how the High Court had granted relief of anticipatory bail to the respondents in an offence under Section 302 of the IPC. The High Court has erred in granting the relief in a cryptic and mechanical manner without considering the materials available on record including the chargesheet which stated that the case has been found true against all the accused persons of such a heinous offence of murder by pouring kerosene oil and setting the deceased on fire," the apex court observed.Therefore, it proceeded to cancel anticipatory bail granted to the accused persons..The case stemmed from a complaint filed by one Shambhu Debnath, the present appellant, regarding the tragic incident involving his 20-year-old nephew, Mukesh Kumar. On January 13, 2023, at around 7:00 PM, the appellant witnessed his nephew's body ablaze and learned from him that several individuals, including Sindhu Devnath, Sanjit Devnath, Ratan Devnath, Lalita Devi, Sunil Devnath and Rina Devi, had attacked him. In his complaint, the appellant alleged that the respondent-accused had caught hold of Mukesh, physically assaulted him, and then set him on fire after pouring kerosene oil on him.The attack was motivated by Mukesh's affection for one of the accused's daughters. Following the incident, a first information report (FIR) was lodged against the accused under Sections 341 (wrongful restraint), 323 (hurt), 307 (attempt to murder), 504 (intentional insult), and 34 (common intention) of the Indian Penal Code, 1860. Tragically, Mukesh succumbed to his injuries on January 17, 2023, prompting the addition of Section 302 (murder) to the charges. The accused subsequently sought anticipatory bail, which was initially denied by the sessions court on March 24, 2023. However, the Patna High Court later granted anticipatory bail to the respondents on July 25, 2023.Aggrieved, the complainant approached the apex court..Considering the serious nature of the allegations and the gravity of the offence, the top court proceeded to set aside the decision of the High Court and directed the respondents to surrender before the trial court within four weeks."In the facts and circumstances of the case, we do not deem it appropriate that anticipatory bail should be granted to the respondents-accused. Accordingly, the instant appeal is allowed. The impugned order of the High Court dated 25.07.2023 is set aside. Respondent nos. 2 to 4 are directed to surrender before the Trial Court within four weeks from today," the Court said while allowing the appeal..Advocate Namit Saxena appeared for the appellant.Advocates Samir Ali Khan and Arup Banerjee appeared for accused persons..[Read Judgment]