New Delhi: The Supreme Court has granted bail to a key accused in a cross-FIR case related to murder and attempt to murder. Both the parties are related to each other and also neighbours. Justice Suryakant and Justice J.K. Maheshwari said, it is sufficient to say that the petitioner has been in custody for more than 14 months. Important witnesses have been examined and there is no possibility of tampering with the evidence. In any case, the witnesses are close family members of both the parties. So there is no possibility of influencing the witnesses. Since the conclusion of the case will take a long time. Therefore, we consider it appropriate to release the petitioner on bail.
Accused Mukesh Kumar is an accused in the FIR lodged in District Jhalawar (Rajasthan). The bench noted that cross FIRs have been registered in the same police station on the same date. It is the statement of the petitioner that respondent no.2 (complainant) along with his brother Jankilal reached his house with sticks and gandasi and started fighting with his family members. The uncle of the petitioner suffered serious injuries in the fight. The brother of the complainant (deceased Jankilal) also suffered severe head injuries from which he succumbed.
The petitioner was arrested on June 18, 2020 and released by the trial court on June 22, 2021. The Rajasthan High Court had canceled the bail granted to the petitioner in September 2022, which he challenged in the apex court. After cancellation of bail, the petitioner surrendered on 16 November 2022.
Advocate Namit Saxena, appearing for the complainant, submitted that the reason specified by the High Court was that the trial court erred in treating the petitioner on parity with his co-accused. In the case of accused, who were granted regular bail.
As a warning, the apex court also directed that the petitioner and his family members as well as respondent no.2 and his family members shall ensure that no untoward incident takes place again. It was clarified that any such incident would amount to misuse of the concession of bail.
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