Supreme Court Cancels Bail Granted in Double Murder Case: A Detailed Analysis

The Supreme Court of India delivered a crucial judgment in the case of Girraj vs. Kiranpal & Others, setting aside the bail granted to five accused individuals in a double murder case. The Court found that the Allahabad High Court had erroneously granted bail based on parity with a co-accused, whose bail was later revoked by the Supreme Court. This judgment highlights the principles governing bail in serious criminal cases, especially when multiple accused persons are involved.

Background of the Case

The case arose from a brutal incident on November 29, 2019, in Rabupura, District Gautam Budh Nagar, Uttar Pradesh. The complainant, Girraj, lost his two sons, Gajendra (34) and Akash (22), who were ambushed and murdered. The attack also left two others, Sunil and Jeetu, seriously injured. The First Information Report (FIR) was lodged on November 30, 2019, against eight accused, including the five respondents in the present case.

The FIR stated that the incident was driven by enmity due to political rivalries. It further mentioned a previous attack on Akash on October 24, 2019, by some of the same accused. On the night of the murders, the accused allegedly blocked the victims’ path with a bullock cart and opened fire with rifles, guns, and country-made pistols.

The accused were arrested on December 6, 2019. The police completed their investigation and filed a charge sheet on February 9, 2020, under Sections 147, 148, 149, 302, 307, 323, 342, and 508 of the Indian Penal Code (IPC) and Sections 27 and 30 of the Arms Act.

Arguments by the Petitioner (Girraj)

The accused were involved in a premeditated attack, and their release on bail posed a serious threat to the complainant and witnesses.
They were part of an unlawful assembly that carried out the murders and attempted to kill others.
There were specific allegations against each accused, supported by witness statements.
The Allahabad High Court erred in granting bail on the ground of parity with co-accused Narendra, whose bail was subsequently canceled by the Supreme Court.

Arguments by the Respondents (Accused)

The FIR was allegedly manipulated, with discrepancies in the hospital records regarding the location of the incident.
The accused had already been granted bail by the High Court, and there was no fresh reason to cancel it.
The injuries sustained by the deceased and survivors could not be conclusively linked to any particular accused.
There were no prior criminal records against some of the accused.

Supreme Court’s Observations

The Supreme Court examined the case carefully and made the following key observations:

Misuse of Parity Principle: The High Court granted bail to the accused based on parity with co-accused Narendra, whose bail was later revoked. Since the accused relied on Narendra’s bail to secure their release, its cancellation automatically invalidated their claim.
Seriousness of the Crime: The Court emphasized that bail should not be granted in cases involving premeditated murder, especially when evidence supports the prosecution’s case.
Role of Unlawful Assembly: Even if specific injuries could not be attributed to individual accused, their participation in the crime as part of an unlawful assembly attracted liability under Section 149 of IPC.
Threat to the Victims’ Family: The Court acknowledged that releasing the accused posed a threat to the complainant and witnesses.

The Supreme Court stated:

“A serious offense has taken place involving the death of two sons of the appellant. Though the High Court has referred to the nature of the offense, it has failed to notice that the seriousness of the offense in the present case would militate against the grant of bail.”

Supreme Court’s Verdict

The Supreme Court canceled the bail granted to the accused.
The accused were directed to surrender immediately.
The accused were allowed to apply for bail afresh before the High Court after surrendering.

Impact of the Judgment

Reinforcement of Bail Principles: The ruling reaffirmed that courts must consider the gravity of the offense and its impact on society while granting bail.
Preventing Misuse of Parity: The judgment clarified that bail granted on parity with an accused whose bail has been revoked is not valid.
Protecting Victims and Witnesses: The ruling emphasized that courts must consider the safety of the complainant and witnesses before granting bail in serious criminal cases.
Strengthening Rule of Law: The decision prevents accused individuals from exploiting legal loopholes to evade justice.

Conclusion

The Supreme Court’s decision in Girraj vs. Kiranpal & Others is a landmark ruling that strengthens the principles governing bail in serious criminal cases. By canceling the bail of the accused, the Court ensured that justice is served and that the legal system is not manipulated. This judgment serves as a precedent for future cases where bail is granted based on weak reasoning or incorrect application of legal principles.

Petitioner Name: Girraj.
Respondent Name: Kiranpal & Others.
Judgment By: Justice Dhananjaya Y Chandrachud, Justice M.R. Shah.
Place Of Incident: Gautam Budh Nagar, Uttar Pradesh.
Judgment Date: 08-03-2021.

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