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Supreme Court of India · 29/10/2021

BHOOPENDRA SINGH versus THE STATE OF RAJASTHAN

[2021] 10 S.C.R. 188 · 2021 INSC 691

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Summary

The Court set aside bail granted on a fifth application in an alleged conspiracy to murder a witness shortly before his testimony. The High Court incorrectly stated that no overt act was attributed to the accused, overlooking call-record analysis, alleged custody of weapons and tracking of the victim. Claimed parity concerned a person not charge-sheeted, and no material change justified reversal of four previous refusals. The observations were confined to bail and did not determine guilt.

Issues

  1. Whether the fifth bail order disregarded material allegations and prior refusals so as to warrant appellate interference.

Held

Result

Appeal allowed; High Court bail order set aside and fifth bail application rejected. Second respondent directed to surrender by 7 November 2021. Observations not to affect the trial’s merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 188.