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Supreme Court of India 2023-07-24 allowed

ROHIT BISHNOI vs THE STATE OF RAJASTHAN & ANR

Bench: 2 — B.V. Nagarathna, Prashant Kumar Mishra

In Brief

In this criminal appeal, the Supreme Court examined whether the High Court properly granted bail to three accused charged with conspiracy and murder (Section 302, 120B IPC) in an alleged honour killing. The Court held that while bail orders need not elaborate on merits, they must address vital case aspects: charge severity, prima-facie evidence strength, and witness tampering risk. Here, the High Court's cryptic orders relied solely on one hostile witness, ignoring substantial evidence (CCTV footage, weapons recovery, witness statements) pointing to guilt. The Court found this amounted to non-application of mind. It set aside both High Court orders, cancelled bail, and directed the accused to surrender within two weeks.

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Criminal Procedure Bail Reasoning in Orders Honour Killing Murder

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