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]