Source: Allahabad High Court

Why in News?

Recently, the bench of Justice Piyush Agrawal granted bail to Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS) director in attempt to murder case.

• The Supreme Court gave this observation in the case of Vinod Bihari Lal v. State of UP.

What was the Background of Vinod Bihari Lal v. State of UP Case?

• The dispute arose from the applicant's position as the Director of Administration at Sam Higginbottom University of Agriculture, Technology & Sciences, where the first informant, an ex-student, sought a degree without fulfilling examination requirements.
• Allegations suggest that the applicant's refusal to comply led to personal animosity from the first informant, culminating in false implications against him.
• Furthermore, inconsistencies in witness statements and CCTV footage cast doubt on the applicant's involvement in the alleged incident.
• Despite these claims, the prosecution asserts that the injuries sustained by the first informant were serious, indicating an attempt to murder.
• Additionally, statements under Section 161 Code of Criminal Procedure, 1973 (CrPC). allegedly implicated the applicant in confessing to the crime and producing forged documents.
• The applicant approached the High Court for bail.

What were the Court’s Observations?

• The court granted bail but refused to enter the merits of the case.

What were the Judgments Cited in this Case?

• Neeru Yadav v. State of U.P. & Another (2014):
  • The Supreme Court held that when considering bail applications involving individuals with a history of criminal offences, it is imperative to scrutinize every aspect carefully.
  • Merely granting bail on grounds of parity without considering the seriousness of the charges and the accused's criminal record would amount to a travesty of justice.
  • The court emphasized the need to consider all relevant factors, including the nature and gravity of the offences and the accused's criminal antecedents, before granting bail.
• Prabhakar Tewari v. State of U P & Another (2020):
  • The Supreme Court emphasized that bail applications should not be rejected solely based on the accused's criminal history.
  • Instead, a holistic consideration of the circumstances is necessary.
  • The court underscored the importance of assessing each case on its merits, without disregarding the principle of innocence until proven guilty, even in the presence of a criminal record.

What is the Position of Attempt to Murder in New and Old Criminal Law?