New Delhi:The Supreme Court has cancelled the bail granted to a man accused of committing a murder with the help of his lover, saying that the Patna High Court granted him bail within three months of arrest.
A bench comprising Justices Surya Kant and Ujjal Bhuyan said: "Having heard learned senior counsel/counsel for the parties, it seems to us that Patna High Court ought to have waited for the deposition of some of the vulnerable witnesses, including those who claim to having seen respondent No.1 at the place of occurrence and/or were aware of the alleged extra-marital relationship".
The bench said that within three months of his arrest, the High Court released him on bail vide the impugned order on March 14, 2024 and this order is under challenge in this appeal. The bench said the only reason assigned by the High Court in the impugned order is "period of custody" and "facts and circumstances of the case".
The bench said it does not want to comment on the alleged confession made by a woman, who is co-accused, and there are a few crucial witnesses whose depositions could throw light on the culpability of the accused persons
"Since the grant of bail by the High Court is highly premature, the impugned order is accordingly set aside. The respondent No.1 (Pritesh Kumar) is directed to surrender within two weeks," said the bench, in an order passed on August 20.
The bench noted that the Bihar government counsel undertakes to produce the private witnesses on the next two consecutive dates to be fixed by the trial court.
"In view of this, the Trial Court is directed to list the trial and record their statements within four months. After their depositions, respondent No.1 shall be at liberty to apply for bail afresh. Such an application shall be considered as per its own merits, without being influenced by the observations made hereinabove," said the bench.
An FIR was registered on the complaint of one Vibhuti Kumar Singh in Sheohar district on October 27, 2023, against the accused for murder and criminal conspiracy.
As per the allegations, Singh's cousin Chandan Kumar Singh was married to a woman who was allegedly in an extra-marital relationship with Pritesh Kumar. It was alleged that when the husband came to know about the affair, the woman and Pritesh hatched a conspiracy to eliminate him.
