Hostility Of Witnesses Cannot Be A New Ground For Granting Bail To Accused: Allahabad High Court

The Allahabad High Court has held that hostility of the witnesses cannot be a new ground for granting bail to accused.

The bench of Justice Shekhar Kumar Yadav observed this while dealing with the second bail application of a murder accused. The second bail application was filed on the new ground that two of the witnesses have been declared hostile.

The Court observed that "Hostility of the witnesses cannot be a new ground for granting bail to accused applicant. If any opinion is taken on the basis of the evidence given by the hostile witnesses, it amounts to evaluating the evidence by this Court, which is impermissible while deciding the bail application under Section 439 Cr.P.C."

Thus the Court held that the ground urged now cannot be considered for granting bail to accused applicant.

In this case, FIR was lodged by the informant, under Section 302 IPC alleging therein that the accused-applicant and co accused took along with them, the son of informant.

It is alleged that the next day the police informed that the dead body of his son was found near Sankhi Nagla.

During the investigation, Investigating Officer recorded the statement of informant and other witnesses and after the investigation was over, charge sheet was submitted under Section 302 IPC against the applicant and co accused.

The main ground urged by the counsel for the applicant is that two witnesses of last seen have turned hostile and the applicant is in jail for more than three years.

It was further stated that even if, all the witnesses are examined, the possibility of the case ending in conviction of the applicant is very remote and, therefore, the applicant may be enlarged on bail.

Advocate Shad Khan appeared for the bail applicant whereas Advocate Amit Singh appeared for the State.

The Court observed that hostility of the witnesses cannot be a new ground for granting bail to accused applicant.

Thus the Court rejected the bail plea of the accused.

The Court directed the Trial Court to expedite the trial and dispose of the same as early as possible.

Cause Title- Krishna Kant v. State of U.P.

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