During the course of the investigation, statement of eye­witness – Narender   has   been   recorded.   In   his   statement   under Section 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the co­accused Shekhar caused the injury on the neck of the deceased. In the FIR, the motive was also alleged. Before   the   High   Court, it   was   mainly contended on behalf of respondent No. 1 – accused that the only role attributed to him is catching hold of the deceased   and   the   main   role   of   causing   injuries   to   the deceased is assigned to the co­accused Shekhar. The High Court was required to consider the gravity and the seriousness of the offence and the nature of the allegations against   respondent   No.   1 –accused. Grant of bail without considering gravity of offence and nature of allegations against the respondent-accused, particularly as to the role played by him in the commission of the alleged murder is not justified. Hence, bail quashed. Gulveer – accused shall surrender before the concerned Court/Jail authority forthwith failing which   he   be   arrested   by   issuing   non­bailable   warrant.

[Nitu Kumar v. Gulveer, (2022) 9 SCC 222]

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