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2017 (11) TMI 1937 - SC - Indian LawsGrant of Bail - Murder - trial court granted bail to Anil Kumar Yadav (A4) vide order dated 27.02.2017, inter alia, on the grounds:-(i) that no other overt act had been attributed to Anil Kumar Yadav (A4); (ii) Based on CCTV footage, in drawing an inference that no specific role had been assigned to Anil Kumar Yadav (A4); and (iii) that Anil Kumar Yadav (A4) had been in custody for about sixteen months which was assailed before High Court - HELD THAT:- In the present case, the trial is at a very crucial stage. The trial court is yet to record the testimony of material witnesses including the complainant as well as all the material witnesses. The trial has commenced and the trial is said to be posted for 04.12.2017. For ensuring the fair trial, witnesses must be in a position to freely depose without fear. In the facts and circumstances of the case, we are convinced that a fair trial can be ensured only if the Appellants are not enlarged on bail. We are conscious of the fact that the Appellants are only under trials and their liberty is also a relevant consideration. But equally important is to consider the impact of their release on bail on the prosecution witnesses and also its impact on society. In order to ensure that during trial the material witnesses depose without fear and justice being done to the society, a balance has to be struck. It was repeatedly urged that the High Court misdirected itself in interfering with the discretionary order of Sessions Court granting bail to the Accused and there was absolutely nothing to show that the Appellants are likely to abuse the bail or tamper with evidence. The court while granting bail should exercise its discretion in a judicious manner. Of course, once discretion is exercised by the Sessions Court to grant bail on consideration of relevant materials, the High Court would not normally interfere with such discretion, unless the same suffers from serious infirmities or perversity. While considering the correctness of the order granting bail, the approach should be whether the order granting bail to the Accused is vitiated by any serious infirmity, in which case, the High Court can certainly interfere with the exercise of discretion. The materials available on record prima facie indicating the involvement of the Accused, possibility of Accused tampering with witnesses and the gravity of the crime were not kept in view by the Sessions Court. Since the Sessions Court granted bail to the Appellants on irrelevant considerations and the same suffered from serious infirmity, the High Court rightly set aside the order of grant of bail to the Accused. The impugned orders do not suffer from any infirmity warranting interference. Appeal dismissed.
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