In Brief
A man lodged an FIR after his brother, a Border Security Force member, was brutally killed by an accused in an apparent pre-planned ambush involving multiple assailants. The deceased sustained 26 injuries and another witness 11 injuries. The High Court granted bail to three of the ten accused despite the Sessions Judge having rejected their bail applications, without providing reasons beyond merely noting counsels' contentions. The Supreme Court allowed the appeal, holding that the High Court's order suffered from non-application of mind and perversity. The Court held that bail orders in serious offences like murder must consider the gravity of the crime, brutality of the attack, and prima facie evidence, and must be reasoned orders recording the factors guiding the judicial discretion.
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