'Don't give bail in serious crimes like a machine', what else did the Supreme Court say in its instructions regarding anticipatory bail?

News Topical, Digital Desk : The Supreme Court has said that anticipatory bail should not be granted mechanically in cases involving serious crimes. The court made this remark while cancelling the anticipatory bail order granted to four accused in a murder case.

In its May 1 order, a three-judge bench comprising Justices Vikram Nath, Sanjay Karol and Sandeep Mehta said, "The order of the Patna High Court does not furnish any rationale for grant of anticipatory bail under Sections 302 and 307 of IPC, which are serious offences. The order is brief and lacks judicial analysis. Such a mechanical manner in which anticipatory bail is granted in cases of serious offences is not justified and deserves to be set aside."

The accused were directed to surrender within eight weeks

On a plain reading of the FIR and the related material, the court observed that the father of the appellant was attacked and killed in the presence of the appellant. "The incident appears to have arisen out of a dispute over obstruction of a road. The specific roles of the accused persons mentioned in the FIR show that they continued to attack even after the father had fallen dead on the ground," the apex court said.

The court said the high court had "clearly" shown a failure to appreciate the gravity and nature of the allegations in the case. Hence, the accused were directed to surrender within eight weeks.

FIR lodged against seven accused

The order came on a petition filed by the victim's son challenging the order granting anticipatory bail to the accused. The victim was attacked with iron rods and sticks during a dispute between neighbours in 2023. Due to head injuries, he succumbed to the injuries the same day and an FIR was lodged against seven accused based on the statement of the appellant.

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