According to the prosecution, the accused along with other persons operate an organized crime gang in Azamgarh that allegedly commits offenses punishable under Chapters 16, 17, and 22 of the Penal Code. The very purpose of the gang is to make physical and financial gains by committing innumerable crimes of serious nature instilling extreme fear and terror in the area it operates.

The court opined that the High Court has overlooked several aspects such as the potential threat to witnesses, forcing the trial court to grant protection. It is important that courts do not enlarge an accused on bail with a blinkered vision. Reliance was placed on the decisions of Neeru Yadav v. State of U.P.; Ash Mohammad v. Shiv raj Singh and Prasanta Kumar Sarkar V. Ashis Chatterjee and catena of other judgments and reiterated the factors laid down therein.

Held, No doubt that liberty is important, even that of a person charged with a crime but it is important for the courts to recognize the potential threat to the life and liberty of victims/ witnesses if such accused is released on bail. Para 11

 

(2021)4SCC 781- Sudha Singh V. State of Uttar Pradesh and Another

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