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2005 (9) TMI 659 - SC - Indian LawsChallenged the Order passed by High Court in granting bail - Blind Murder - Conspiracy - seriousness and gravity of the crime - No Prima facie or reasonable ground to believe that the accused had committed the offence - HELD THAT:- In the present case, we find that the High Court has granted bail being of the opinion that the extra judicial confession given by Rohit Chaturvedi one of the co-accused may not stand the test of scrutiny by a judicial mind but that by itself was not sufficient to grant the bail. There is voluminous evidence collected by the CBI to show the involvement of Amarmani Tripathi, and his effort to interfere with the investigation of the case before the grant of bail and also after the grant of bail. He tried to change the course of investigation by creating false evidence of the marriage of Madhumita with Anuj Mishra with the help of Yagya Narain Dixit, a police officer, the 6th accused who died in an accident during the course of investigation. There are written complaints with the investigating agency showing that after his release on bail Amarmani Tripathi tried to threaten as well as win over Nidhi Shukla, sister of the deceased, and her mother by offering bribe. In our opinion, the High Court gravely erred in granting bail to Amarmani Tripathi in such circumstances. The High Court practically failed to consider/take into consideration the voluminous evidence which had been collected by the investigation agency and have been referred to by them in their statement of objections to the application for grant of bail. It is true that the position of Madhumani is somewhat different from the case of her husband. While her husband is a politician and ex-Minister, she is no doubt a house wife. While her husband has several criminal cases against him, she has no such record. While there is material to show attempts by her husband to tamper with the evidence and threaten witnesses, there is nothing to show that she made any attempt to tamper with the evidence. But there is material to show that she had absconded for several months and surrendered only when bail was refused to her husband on the ground that she was absconding. Further when the matter is considered in entirety, with reference to the murder of Madhumita and the propensity of the husband and wife to pressurize and persuade others to act according to their wishes there is reasonable ground for apprehension that if her husband alone is taken into custody, leaving her to remain outside, she may take over the task of tampering the evidence and manipulating/threatening witnesses. Therefore, interference is called for even in regard to the bail granted to Madhumani. We are conscious of the fact that evidence in this case has yet not been led in the Court. Wherever we have referred to the word "evidence" in this order the same may be read as material collected by the prosecution. Reference to the material collected and the findings recorded herein are for the purposes of these appeals only. This may not be taken as an expression of opinion. The Court would be at liberty to decide the matter in the light of evidence which shall come on record after it is led de hors any finding recorded in this order. Thus, the orders dated 29th April, 2004 and 8th July, 2004 passed by the High Court are set aside. The bail bonds of the respondents in each of these cases are cancelled. Respondents are directed to surrender forthwith and in case they fail to do so, the State should take effective steps to take the respondents in custody.
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