Allahabad High Court Denies Bail to Varish Khan in Heinous Murder Case
Bail on Parity Rejected Due to Concealment of Facts in Co-Accused's Bail Order
In a significant development, the Allahabad High Court, presided over by Justice Sanjay Kumar Singh, has rejected the bail application of Varish Khan, who is accused of multiple murders and grievous assault in Prayagraj. The decision underscores the court's stance against granting bail in cases involving heinous crimes, especially when previous bail orders are found to be based on incorrect or concealed facts.
Varish Khan, who has been incarcerated since July 17, 2020, sought bail on the grounds of parity with co-accused Farman, who was granted bail earlier. However, the court found that Farman's bail was obtained through the concealment of facts, specifically concerning the progress of the trial. It was highlighted that the charges were already framed and examination-in-chief of key witnesses had commenced prior to Farman's bail order, contrary to the claims made during his bail application.
The judgment emphasized the importance of sound reasoning in bail decisions, especially in cases involving serious charges. The court cited previous Supreme Court rulings, stressing that bail should not be granted if the trial is ongoing and substantial evidence implicates the accused. Justice Singh reiterated that judges are not bound to perpetuate illegality by granting bail based on misleading prior orders.
The court also took into account the gravity of the crime, which involved the brutal murder of four individuals and serious injury to another. Given the ongoing trial and the applicant's criminal history, the court concluded that there was no substantial ground for granting bail.
Justice Singh directed the trial court to expedite the proceedings without unnecessary adjournments, acknowledging the lengthy detention of Varish Khan. The decision is seen as reinforcing the judiciary's commitment to ensuring justice in heinous crime cases, maintaining the integrity of legal proceedings, and preventing misuse of bail provisions.
Bottom Line:
Bail application in a case involving heinous offences - Parity in bail not granted when earlier bail was obtained by concealment of material facts - Judges are not bound to grant bail on parity if the prior order is based on incorrect facts.
Statutory provision(s): Section 439 of the Criminal Procedure Code, 1973
Varish Khan v. State of U.P., (Allahabad) : Law Finder Doc Id # 2791605
