2011 (9) TMI 1230 - HC - Indian Laws

Summary

Issues Involved:
1. Legality of the bail granted to Respondent No. 2.
2. Consideration of fresh grounds for bail.
3. Examination of the FSL report and its implications.
4. Allegations of threat and their impact on bail.

Summary:

1. Legality of the Bail Granted to Respondent No. 2:
The Petitioner challenged the order dated 21.04.2011 by the Additional Sessions Judge admitting Respondent No. 2 to bail. Initially, the bail application u/s 439 CrPC was dismissed on 07.03.2011 due to serious allegations of cruelty and the likelihood of tampering with evidence. However, the same judge later granted bail on 21.04.2011 after Respondent No. 2 spent 45 days in custody, citing no new threats and the accused's cooperation during the investigation.

2. Consideration of Fresh Grounds for Bail:
The court noted that while an accused has the right to successive bail applications, the court must consider the reasons for earlier rejections and any fresh grounds. The Petitioner argued that there were no new circumstances to justify the bail granted on 21.04.2011. The court referenced Kalyan Chandra Sarkar v. Rajesh Ranjan and Prakash Kadam v. Ramprasad Vishwanath Gupta, emphasizing that the gravity of the offense and the potential for evidence tampering are critical considerations.

3. Examination of the FSL Report and Its Implications:
The initial bail rejection was partly based on the FSL report confirming the handwriting of the deceased in the suicide note. However, the subsequent bail order noted that the FSL report dated 09.11.2010 could not attribute the handwriting in the suicide note to the deceased. The court highlighted that the suicide note was in Hindi, while the signatures were in English, and the FSL report only verified the signatures.

4. Allegations of Threat and Their Impact on Bail:
The Petitioner alleged that Respondent No. 2's brother had threatened the deceased's family, but the court found no substantial evidence of such threats in the investigation records. The court also noted that the accused had cooperated with the investigation and there was no apprehension of absconding, given his employment as a Section Officer at Ramjas College.

Conclusion:
The court concluded that the order granting bail was well-reasoned, considering the accused's cooperation, lack of new threats, and the FSL report's findings. The petition to cancel the bail was dismissed, affirming the trial court's decision.