Holding

A victim, as defined under Section 2(wa) of the Cr.P.C., has a legally vested right to be heard at the bail stage, and the High Court's grant of bail without affording this right is illegal and must be set aside.

Summary

The case arose from the Lakhimpur Kheri incident on 3 October 2021, where the accused, Ashish Mishra, allegedly drove vehicles into a crowd of protesting farmers, resulting in multiple deaths. The accused was charged under several IPC sections (147, 148, 149, 302, 307, 326 r/w 34 and 120B) and Arms Act sections (3, 25, 30) and sought regular bail, which the Allahabad High Court granted. The victims appealed, contending that their statutory right to be heard under the amended Cr.P.C. (Section 2(wa)) was ignored, and that the High Court considered irrelevant factors and the merits of the case at the bail stage. The Supreme Court held that a victim has a substantive, enforceable right to be heard at every stage, including bail applications, and that the High Court failed to observe this and other established bail parameters. Consequently, the Supreme Court set aside the bail order, cancelled the bail, directed the accused to surrender, and remitted the matter to the High Court for a fresh, victim‑inclusive bail hearing.

Issues considered

Whether a 'victim' as defined under Section 2(wa) of the Code of Criminal Procedure, 1973 is entitled to be heard at the stage of adjudicating a bail application.
Whether the High Court overlooked relevant considerations and applied irrelevant factors while granting bail to the accused.
Whether the High Court's order granting bail is illegal or perverse and warrants interference by the Supreme Court.

Legislation cited

Arms Act, 1959s. 25, s. 3, s. 30
Code of Criminal Procedure, 1973s. 2(wa), s. 372, s. 439
Indian Penal Code, 1860s. 120B, s. 147, s. 148, s. 149, s. 302, s. 307, s. 326, s. 34

Subjects

victim's right to be heardbailCode of Criminal ProcedureSection 2(wa)Section 439criminal procedureLakhimpur Kheri incidentvictim participationgrant of bail parametershuman rights

Judgment

536 SUPREME COURT
[2022]REPORTS
4 S.C.R. 536 [2022] 4 S.C.R.

A JAGJEET SINGH & ORS.
v.
ASHISH MISHRA @ MONU & ANR.
(Criminal Appeal No. 632 of 2022)
B APRIL 18, 2022
[N. V. RAMANA, CJI, SURYA KANT AND
HIMA KOHLI, JJ.]
Code of Criminal Procedure, 1973: ss.2(wa),372, 439 –
C Victim’s right to be heard – Consideration for granting bail –
Lakhimpur Kheri Incident – On 03.10.2021, an annual Dangal
(wrestling) competition was organised by respondent-accused –
Some supporters of respondent No.1, who were travelling by a car
to the Dangal venue were allegedly attacked by certain farmers –
Due to the large protest, the route of the Chief Guest had to be
D changed – Respondent Accused became agitated –Respondent No.1
and his aides, armed with weapons, left the Dangal venue in a
Mahindra Thar SUV, a Fortuner vehicle and a Scorpio vehicle,
and drove towards the farmers’ protest site and allegedly drove into
the crowd of the returning farmers and hit them –As a consequence
E of this incident, four farmers, one journalist, the driver of the Thar
Vehicle and two others, got killed –Respondent-accused was charged
u/ss. 147, 148, 149, 302, 307, 326 r/w. ss. 34 and 120B IPC, and u/
ss.3, 25 and 30 of the Arms Act, 1959 –Respondent-accused moved
bail application before High Court – High Court granted regular
bail to him, opining that it was a case of “accident by hitting with
F the vehicle’’ –Aggrieved victims filed instant appeal – Held: The
right of a victim under the amended Cr.P.C. are substantive,
enforceable, and are another facet of human rights – A ‘victim’
within the meaning of Cr.P.C. cannot be asked to await the
commencement of trial for asserting his/her right to participate in
G the proceedings – A ‘victim’ has unbridled participatory rights from
the stage of investigation till the culmination of the proceedings in
an appeal or revision – High Court failed to acknowledge the right
of the victims –The ‘victims’ were denied a fair and effective hearing
at the time of granting bail to respondent-Accused –High Court
completely lost sight of the principles which conventionally govern
H
536
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 537

a Court’s discretion when deciding the question whether or not to A
grant bail – High Court adopted a myopic view of the evidence on
the record and proceeded to decide the case on merits –High Court
took into account several irrelevant considerations, whilst
simultaneously ignoring judicial precedents and established
parameters for grant of bail –The impugned order of the High cannot
B
be sustained –To meet ends of justice, case remitted to High Court
for fresh adjudication of the bail application after giving adequate
opportunity of hearing to the victims as well.
Code of Criminal Procedure, 1973: Considerations while
granting the bail – A Court while deciding an application for bail,
should refrain from evaluating or undertaking a detailed assessment C
of evidence, as the same is not a relevant consideration at the
threshold stage – While a Court may examine prima facie issues,
including any reasonable grounds whether the accused committed
an offence or the severity of the offence itself, an extensive
consideration of merits which has the potential to prejudice either D
the case of the prosecution or the defence, is undesirable.
Code of Criminal Procedure, 1973:Right of victims to be heard
– First Indian jurisprudence is constantly evolving, whereby, the
right of victims to be heard, especially in cases involving heinous
crimes, is increasingly being acknowledged; Second, where the E
victims themselves have come forward to participate in a criminal
proceeding, they must be accorded with an opportunity of a fair
and effective hearing – If the right to file an appeal against acquittal
is not accompanied with the right to be heard at the time of deciding
a bail application, the same may result in grave miscarriage of
justice. F

Code of Criminal Procedure, 1973: Cancellation of Bail –
Interference by Supreme Court –This Court on account of the factors
like (i) irrelevant considerations having impacted the impugned order
granting bail; (ii) the High Court exceeding its jurisdiction by
touching upon the merits of the case; (iii) denial of victims’ right to G
participate in the proceedings; and (iv) the tearing hurry shown by
the High Court in entertaining or granting bail to the respondent/
accused; can rightfully cancel the bail.

H
538 SUPREME COURT REPORTS [2022] 4 S.C.R.

A Disposing of the appeal and remitting the matter to High
Court, the Court
HELD: 1. A ‘victim’ within the meaning of Cr.P.C. cannot
be asked to await the commencement of trial for asserting his/
her right to participate in the proceedings. He/She has a legally
B vested right to be heard at every step post the occurrence of an
offence. Such a ‘victim’ has unbridled participatory rights from
the stage of investigation till the culmination of the proceedings
in an appeal or revision. ‘Victim’ and ‘complainant/informant’ are
two distinct connotations in criminal jurisprudence. It is not always
C necessary that the complainant/informant is also a ‘victim’, for
even a stranger to the act of crime can be an ‘informant’, and
similarly, a ‘victim’ need not be the complainant or informant of a
felony. [Para 24][547-G-H; 548-A-B]
2. This Court is tasked with ensuring that neither the right
D of an accused to seek bail pending trial is expropriated, nor the
‘victim’ or the State are denuded of their right to oppose such a
prayer. In a situation like this, and with a view to balance the
competing rights, this Court has been invariably remanding the
matter(s) back to the High Court for a fresh consideration. The
ends of justice would be adequately met by remitting this case to
E the High Court for a fresh adjudication of the bail application of
the Respondent-accused, in a fair, impartial and dispassionate
manner. The bail application shall be decided on merits and after
giving adequate opportunity of hearing to the victims as well. If
the victims are unable to engage the services of a private counsel,
F it shall be obligatory upon the High Court to provide them a legal
aid counsel with adequate experience in criminal law, at the State’s
expense. [Paras 43, 44][554-C-F]
Mallikarjun Kodagali (Dead) v. State of Karnataka &
Ors. (2019) 2 SCC 752 : [2018] 13 SCR 1; Narendra
G K. Amin (Dr.) v. State of Gujarat & Anr. (2008) 13 SCC
584 : [2008] 6 SCR 1149, Union of India v. K.A. Najeeb
(2021) 3 SCC 713 – relied on.

H
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 539

Kanwar Singh Meena v. State of Rajasthan (2012) 12 A
SCC 180 : [2012] 10 SCR 847; Prasanta Kumar Sarkar
v. Ashis Chatterjee & Anr. (2010) 14 SCC 496 : [2010]
12 SCR 1165 – affirmed.
Neeru Yadav v. State of U.P. & Anr. (2014) 16 SCC 508
: [2014] 12 SCR 453; Anil Kumar Yadav v. State (NCT B
of Delhi) & Anr. (2018) 12 SCC 129 : [2017] 11 SCR
195 (32);. Mahipal v. Rajesh Kumar & Anr. (2020) 2
SCC 118 : [2019] 14 SCR 529; Alister Anthony Pariera
v. State of Maharashtra (2012) 2 SCC 648 : [2012] 1
SCR 145; Puran v. Rambilas & Anr. (2001) 6 SCC 338
: [2001] 3 SCR 432; Naresh Pal Singh v. Raj Karan C
and Anr. (1999) 9 SCC 104; Brij Nandan Jaiswal v.
Munna alias Munna Jaiswal & Anr. (2009) 1 SCC 678
: [2008] 17 SCR 1348; Hasri Om Yadav v. Dinesh L
Singh Jaat & Anr. 2013 SCC Online SC 610 – referred
to. D
Case Law Reference
[2019] 14 SCR 529 referred to Para 12
[2012] 1 SCR 145 referred to Para 12
[2018] 13 SCR 1 relied on Para 22 E
[2001] 3 SCR 432 referred to Para 29
[2008] 6 SCR 1149 relied on Para 29
[2012] 10 SCR 847 affirmed Para 29
[2010] 12 SCR 1165 affirmed Para 30 F

[2014] 12 SCR 453 referred to Para 32
[2017] 11 SCR 195 referred to Para 32
(2021) 3 SCC 713 relied on Para 40
G
(1999) 9 SCC 104 referred to Para 43
[2008] 17 SCR 1348 referred to Para 43

H
540 SUPREME COURT REPORTS [2022] 4 S.C.R.

A CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
632 of 2022.
From the Judgment and Order dated 10.02.2022 of the High Court
of Judicature at Allahabad, Lucknow Bench in Criminal Misc. Bail
Application No.13762 of 2021.
B Dushyant Dave, Sr. Adv., Prashant Bhushan, Rahul Gupta, Ms.
Neha Sangwan, Alice Raj, Shiv Kumar Tripathi, C. S. Panda, Ms. Sheela
Mishra, Sanjay Kr. Mukherjee, Advs. for the Appellants.
Mahesh Jethmalani, Sr. Adv., T. Mahipal, Ms. Ruchira Goel, Ajay
Awasthi, Ravi Sharma, Ms. Mughda Pande, Wedo Khalo, S. Pande,
C Tuhin, Dr. A. P. Singh, V. P. Singh, Ms. Geeta Chauhan, Sadashiv, Ms.
Astha Tyagi, Dinesh Chander, Siddharth Raj Agarwal, Ms. Ruchira Goel,
Ronak Karanpuria, Advs. for the Respondents.
By Courts Motion

D The Judgment of the Court was delivered by
SURYA KANT, J.
Leave Granted.
2. The challenge is laid to an order dated 10.02.2022 passed by
the High Court of Judicature at Allahabad, Lucknow bench, whereby
E Respondent No.1 (hereinafter-”Respondent-Accused”), has been
enlarged on bail in a case under Sections 147, 148, 149, 302, 307, 326
read with Sections 34 and 120-B of the Indian Penal Code, 1860
(hereinafter- “IPC”), as well as Sections 3, 25 and 30 of the Arms Act,
1959.
F Facts
3. In brief, it is alleged that several farmers had gathered in the
Khairaitya village in Lakhimpur Kheri District on 29.09.2021, to celebrate
the birth anniversary of Sardar Bhagat Singh and to protest against the
Indian Agricultural Acts of 2020. During this gathering, the farmers
G objected to certain comments made by Mr. Ajay Mishra @ Teni, Union
Minister of State for Home. In the course of the meeting, the farmers
decided to organise a protest against Mr. Ajay Mishra in his ancestral
village on 03.10.2021. Various farmers’ organisations issued appeals to
their members and supporters to participate in the demonstration, and
H pamphlets were also distributed.
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 541
[SURYA KANT, J.]

4. On 03.10.2021, an annual Dangal (wrestling) competition was A
being organised by Ashish Mishra @ Monu, i.e., Respondent-Accused.
The program was to be attended by Mr. Ajay Mishra, as well as Mr.
Keshav Prasad Maurya, Deputy Chief Minister of the State of Uttar
Pradesh, for whom a helipad was constructed in the playground of
Maharaja Agrasen Inter College, Tikonia. A crowd of farmers started
B
gathering near the helipad in the morning of 03.10.2021. The route of
the Chief Guest was thus changed to take him by road. But the changed
road route was also passing in front of the Maharaja Agrasen Inter
College, where the protesting farmers had been gathering in large
numbers. This led the authorities to take recourse to yet another alternative
way to reach the Dangal venue. C
5. In the meantime, some supporters of Respondent No.1, who
were travelling by a car to the Dangal venue, were statedly attacked by
certain farmers. The mirrors of their vehicle(s) were smashed. A hoarding
board that displayed pictures of Mr. Ajay Mishra and the Respondent-
Accused was also damaged. It is alleged that upon gathering knowledge D
of these events, coupled with the information that the route of the Chief
Guest had to be changed because of the protesting farmers, Respondent-
Accused became agitated. He, thereafter, is said to have conspired with
his aides and confidants, and decided to teach the protesting farmers a
lesson. Respondent No.1 and his aides, armed with weapons, left the
Dangal venue in a Mahindra Thar SUV, a Fortuner vehicle and a Scorpio E
vehicle, and drove towards the farmers’ protest site.
6. When the farmers were returning to their homes after their
protest was over, Respondent-Accused along with his associates who
were in the aforesaid three vehicles, allegedly drove into the crowd of
the returning farmers and hit them with an intention to kill. Resultantly, F
many farmers and other persons were crushed by the vehicles. The
Thar vehicle was eventually stopped. Respondent No.1 and his co-
accused Sumit Jaiswal then stepped out of the Thar and escaped by
running towards a nearby sugarcane field while taking cover by firing
their weapons.
G
7. As a consequence of this incident, four farmers, one journalist,
the driver of the Thar Vehicle-Hariom, and two others, were killed. Nearly
ten farmers suffered major and minor injuries.
8. In the early hours of 04.10.2021, FIR no. 219 of 2021 was
registered on the complaint of the Appellant No.1, i.e, Jagjeet Singh, at H
542 SUPREME COURT REPORTS [2022] 4 S.C.R.

A Police Station Tikonia against Respondent No.1 and 15-20 unknown
persons, for causing the death of four farmers. It was alleged that
Respondent No.1 along with his accomplices drove into the crowd of
protesting farmers and crushed them. It was further alleged that one
Sukhvinder Singh died on the spot due to a fire arm injury. Another FIR1
was registered by Sumit Jaiswal against unknown persons and protesting
B
farmers for having killed four persons, including the journalist Raman
Kashyap, the driver of the Thar vehicle-Hariom and two other supporters
of the Respondent-Accused.
9. Meanwhile, a PIL was filed in this Court expressing serious
C concerns regarding the fairness of the investigation into the incidents of
03.10.2021. This Court, on 17.11.2021, reconstituted the SIT and new
members were inducted to carry out the investigation. Justice (Retd.)
Rakesh Kumar Jain, a former Judge of the Punjab and Haryana High
Court, was appointed to monitor the investigation. The reconstituted SIT
filed a chargesheet on 03.01.2022, wherein, the Respondent-Accused
D was found to be the main perpetrator of the events that took place on
03.10.2021.
10. The Accused-Respondent moved an application for bail before
the High Court of Judicature at Allahabad, Lucknow Bench. Vide the
impugned order dated 10.02.2022 (corrected on 14.02.2022), the High
E Court allowed the application and granted regular bail to the Respondent-
Accused. The relief was primarily granted on four counts. Firstly, the
Court held that the primary allegation against the Respondent-Accused
was of firing his weapon and causing gunshot injuries, but neither the
inquest reports nor the injury reports revealed any firearm injury, therefore,
F the High Court opined that the present case was one of “accident by
hitting with the vehicle”. Secondly, the allegation that he provoked the
driver of the car could not be sustained since the driver along with two
others, who were in the vehicle, were killed by the protesters. Thirdly, it
was noted that the Respondent-Accused had joined the investigation.
Fourthly, the charge sheet had been filed.
G
11. Discontented with the order of the High Court, the aggrieved
‘victims’ are before us.

1
FIR No. 220 of 2021 was registered under Sections 147, 323, 324, 336 and 302 of the
H IPC.
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 543
[SURYA KANT, J.]

Contentions A
12. Shri Dushyant Dave, learned Senior Counsel on behalf of the
Appellants vehemently contended that the High Court had erred in
overlooking several important aspects, and instead placed undue
weightage on issues such as the absence of any fire arm injury. Relying
upon the decision of this in Court in the case of Mahipal v. Rajesh B
Kumar & Anr.2, it was canvassed that the High Court had disregarded
well-established principles that govern the Court’s discretion at the time
of granting bail. It was further pressed that the bail order was passed in
a mechanical manner with non-application of mind, rendering it illegal
and liable to be set aside. The learned Senior Counsel also pointed out
that during the course of the online proceedings, counsel for the C
Complainant/victims were disconnected, and were not heard by the High
Court. It was stated that their application for re-hearing the bail application
was also not considered by the High Court. Learned Senior Counsel
also drew our attention to FIR No. 46 of 2022, which was filed by one
Diljot Singh, a witness to the incident of 03.10.2021. The said witness D
therein claimed that on 10.03.2022, he was threatened and attacked by
the supporters of the Respondent-Accused. Alternatively, emphasis was
placed on judgment of this Court in Alister Anthony Pariera v. State of
Maharashtra3, to highlight that if an act of rash and negligent driving
was preceded by real intention on the part of the wrong doer to cause
death, then a charge under section 302 IPC may be attracted. E
13. On the other hand, Shri Ranjit Kumar, learned Senior Counsel
appearing on behalf of the Respondent No.1, vigorously defended the
judgment of the High Court. It was submitted that given the allegations
made in FIR No. 219 of 2021, the High Court was bound to prima facie
consider the issue of bullet injuries. He further asserted that the F
Respondent-Accused was never in the Thar vehicle and was instead at
the Dangal venue. Lastly, learned Senior Counsel argued that in the
event that this Court was to set aside the impugned order and cancel the
bail, the Respondent accused would be left without any remedy and it
would be nearly impossible for him to be released on bail till the conclusion G
of trial.
14. Shri Mahesh Jethmalani, learned Senior Counsel appearing
for Respondent No.2, i.e., State of Uttar Pradesh, at the outset argued
2
(2020) 2 SCC 118 ¶ 12 & 13
3
(2012) 2 SCC 648 ¶ 47 H
544 SUPREME COURT REPORTS [2022] 4 S.C.R.

A that a bail hearing should not be converted into a mini trail. He urged that
the Court ought to consider three basic parameters at the time of deciding
bail- (i) the possibility of tampering with evidence; (ii) whether the accused
would be a flight risk; & (iii) the nature of the offense. With respect to
the first consideration, it was highlighted that the State Government,
under the ambit of the Witness Protection Scheme, 2018, had provided
B
adequate security, including armed personnel, to all the ‘victims’ and
witnesses. It was explained that the State was regularly following up
with the witnesses and that the possibility of the accused tampering with
any witness, was narrow. Learned Senior Counsel further submitted
that given the local roots of the Respondent-Accused, he could not be
C considered as a flight risk. Shri Jethmalani, however, stated that the
nature of the offense in the present case was grave. He clarified that
the State had vehemently opposed the bail application before the High
Court and in no manner, does it deviate from its previous stand.
Analysis
D 15. Having heard learned Senior Counsels for the parties at
considerable length, we find that the following questions fall for our
consideration:-
A. Whether a ‘victim’ as defined under Section 2(wa) of the
Code of Criminal Procedure, 1973 (hereinafter, “Cr.P.C.”)
E is entitled to be heard at the stage of adjudication of bail
application of an accused?
B. Whether the High Court overlooked the relevant
considerations while passing the impugned order granting
bail to the Respondent-Accused?; and
F
C. If so, whether the High Court’s order dated 10.02.2022 is
palpably illegal and warrants interference by this Court?
A. Victim’s right to be heard:
16. Until recently, criminal law had been viewed on a dimensional
G plane wherein the Courts were required to adjudicate between the
accused and the State. The ‘victim’ — the de facto sufferer of a crime
had no participation in the adjudicatory process and was made to sit
outside the Court as a mute spectator. However, with the recognition
that the ethos of criminal justice dispensation to prevent and punish ‘crime’
had surreptitiously turned its back on the ‘victim’, the jurisprudence with
H
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 545
[SURYA KANT, J.]

respect to the rights of victims to be heard and to participate in criminal A
proceedings began to positively evolve.
17. Internationally, the UN Declaration of Basic Principles of
Justice for the Victims of Crime and Abuse of Power, 1985, which was
adopted vide the United Nations General Assembly Resolution 40/34,
was a landmark in boosting the pro-victim movement. The Declaration B
defined a ‘victim’ as someone who has suffered harm, physical or mental
injury, emotional suffering, economic loss, impairment of fundamental
rights through acts or omissions that are in violation of criminal laws
operative within a State, regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted, and regardless of the familial
relationship between the perpetrator and the ‘victim’. Other international C
bodies, such as the European Union, also took great strides in granting
and protecting the rights of ‘victims’ through various Covenants4.
18. Amongst other nations, the United States of America had also
made two enactments on the subject i.e. (i) The Victims of Crime Act,
1984 under which legal assistance is granted to the crime-victims; and D
(ii) The Victims’ Rights and Restitution Act of 1990. This was followed
by meaningful amendments, repeal and insertion of new provisions in
both the Statutes through an Act passed by the House of Representatives
as well as the Senate. In Australia, the Legislature has enacted South
Australia Victims of Crime Act, 2001. While in Canada there is the E
Canadian Victims Bill of Rights. Most of these legislations have defined
the ‘victim’ of a crime liberally and have conferred varied rights on such
victims.
19. On the domestic front, recent amendments to the Cr.P.C. have
recognised a victim’s rights in the Indian criminal justice system. The F
genesis of such rights lies in the 154th Report of the Law Commission of
India, wherein, radical recommendations on the aspect of compensatory
justice to a victim under a compensation scheme were made. Thereafter,
a Committee on the Reforms of Criminal Justice System in its Report in

4
The position of a victim in the framework of Criminal Law and Procedure, Council of G
Europe Committee of Ministers to Member States, 1985; Strengthening victim’s right
in the EU communication from the Commission to the European Parliament, the Council,
the Economic and Social Committee and the Committee of the Reasons, European
Union, 2011; Proposal for a Directive of the European Parliament and of the Council
establishing “Minimum Standards on the Rights, Support and Protection of Victims of
Crime, European Union, 2011.
H
546 SUPREME COURT REPORTS [2022] 4 S.C.R.

A 2003, suggested ways and means to develop a cohesive system in which
all parts are to work in coordination to achieve the common goal of
restoring the lost confidence of the people in the criminal justice system.
The Committee recommended the rights of the victim or his/her legal
representative “to be impleaded as a party in every criminal proceeding
where the charges punishable with seven years’ imprisonment or
B
more”.
20. It was further recommended that the victim be armed with a
right to be represented by an advocate of his/her choice, and if he/she is
not in a position to afford the same, to provide an advocate at the State’s
expense. The victim’s right to participate in criminal trial and his/her
C right to know the status of investigation, and take necessary steps, or to
be heard at every crucial stage of the criminal proceedings, including at
the time of grant or cancellation of bail, were also duly recognised by the
Committee. Repeated judicial intervention, coupled with the
recommendations made from time to time as briefly noticed above,
D prompted the Parliament to bring into force the Code of Criminal
Procedure (Amendment) Act, 2008, which not only inserted the definition
of a ‘victim’ under Section 2 (wa) but also statutorily recognised various
rights of such victims at different stages of trial.
21. It is pertinent to mention that the legislature has thoughtfully
E given a wide and expansive meaning to the expression ‘victim’ which
“meansa person who has suffered any loss or injury caused by
reason of the act or omission for which the accused person has
been chargedand the expression “victim” includes his or her
guardian or legal heir”

F 22. This Court, in Mallikarjun Kodagali (Dead) v. State of
Karnataka & Ors5, while dealing with questions regarding a victim’s
right to file an appeal under section 372 of Cr.P.C, observed that there
was need to give adequate representation to victims in criminal
proceedings. The Court therein affirmed the victim’s right to file an appeal
against an order of acquittal. In Mallikarjun Kodagali, though the Court
G was primarily concerned with a different legal issue, it will be fruitful in
the present context to take note of some of the observations made therein:
“3. What follows in a trial is often secondary victimisation
through repeated appearances in court in a hostile or a semi-
5
H (2019) 2 SCC 752, ¶ 3 & 8
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 547
[SURYA KANT, J.]

hostile environment in the courtroom. Till sometime back, A
secondary victimisation was in the form of aggressive and
intimidating cross-examination, but a more humane
interpretation of the provisions of the Evidence Act, 1872 has
made the trial a little less uncomfortable for the victim of an
offence, particularly the victim of a sexual crime. In this
B
regard, the judiciary has been proactive in ensuring that the
rights of victims are addressed, but a lot more needs to be
done. Today, the rights of an accused far outweigh the rights
of the victim of an offence in many respects. There needs to
be some balancing of the concerns and equalising their rights
so that the criminal proceedings are fair to both. [Girish C
Kumar Suneja v. CBI, (2017) 14 SCC 809 : (2018) 1 SCC
(Cri) 202]……
xxx
8. The rights of victims, and indeed victimology, is an evolving
jurisprudence and it is more than appropriate to move forward D
in a positive direction, rather than stand still or worse, take a
step backward. A voice has been given to victims of crime by
Parliament and the judiciary and that voice needs to be heard,
and if not already heard, it needs to be raised to a higher
decibel so that it is clearly heard.” E
(Emphasis Supplied)
23. It cannot be gainsaid that the right of a victim under the amended
Cr.P.C. are substantive, enforceable, and are another facet of human
rights. The victim’s right, therefore, cannot be termed or construed
restrictively like a brutum fulmen. We reiterate that these rights are F
totally independent, incomparable, and are not accessory or auxiliary to
those of the State under the Cr.P.C. The presence of ‘State’ in the
proceedings, therefore, does not tantamount to according a hearing to a
‘victim’ of the crime.
24. A ‘victim’ within the meaning of Cr.P.C. cannot be asked to G
await the commencement of trial for asserting his/her right to participate
in the proceedings. He/She has a legally vested right to be heard at
every step post the occurrence of an offence. Such a ‘victim’ has
unbridled participatory rights from the stage of investigation till the
culmination of the proceedings in an appeal or revision. We may hasten
H
548 SUPREME COURT REPORTS [2022] 4 S.C.R.

A to clarify that ‘victim’ and ‘complainant/informant’ are two distinct
connotations in criminal jurisprudence. It is not always necessary that
the complainant/informant is also a ‘victim’, for even a stranger to the
act of crime can be an ‘informant’, and similarly, a ‘victim’ need not be
the complainant or informant of a felony.
B 25. The above stated enunciations are not to be conflated with
certain statutory provisions, such as those present in Special Acts like
the Scheduled Cast and Scheduled Tribes (Prevention of Atrocities) Act,
1989, where there is a legal obligation to hear the victim at the time of
granting bail. Instead, what must be taken note of is that; First, the
C Indian jurisprudence is constantly evolving, whereby, the right of victims
to be heard, especially in cases involving heinous crimes, is increasingly
being acknowledged; Second, where the victims themselves have come
forward to participate in a criminal proceeding, they must be accorded
with an opportunity of a fair and effective hearing. If the right to file an
appeal against acquittal, is not accompanied with the right to be heard at
D the time of deciding a bail application, the same may result in grave
miscarriage of justice. Victims certainly cannot be expected to be sitting
on the fence and watching the proceedings from afar, especially when
they may have legitimate grievances. It is the solemn duty of a court to
deliver justice before the memory of an injustice eclipses.
E 26. Adverting to the case at hand, we are constrained to express
our disappointment with the manner in which the High Court has failed
to acknowledge the right of the victims. It is worth mentioning that, the
complainant in FIR No. 219 of 2021, as well as the present Appellants,
are close relatives of the farmers who have lost their lives in the incident
F dated 03.10.2021. The specific stance taken by learned Senior Counsel
for the Appellants that the Counsel for the ‘victims’ had got disconnected
from the online proceedings and could not make effective submissions
before the High Court has not been controverted by the Respondents.
Thereafter, an application seeking a rehearing on the ground that the
‘victims’ could not participate in the proceedings was also moved but it
G appears that the same was not considered by the High Court while
granting bail to the Respondent-Accused.
27. We, therefore, answer question (A) in the affirmative, and
hold that in the present case, the ‘victims’ have been denied a fair and
effective hearing at the time of granting bail to the Respondent-Accused.
H
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 549
[SURYA KANT, J.]

B. Whether the High Court overlooked relevant considerations: A
28. We may, at the outset, clarify that power to grant bail under
Section 439 of Cr.P.C., is one of wide amplitude. A High Court or a
Sessions Court, as the case may be, are bestowed with considerable
discretion while deciding an application for bail. But, as has been held by
this Court on multiple occasions, this discretion is not unfettered. On the B
contrary, the High Court or the Sessions Court must grant bail after the
application of a judicial mind, following well-established principles, and
not in a cryptic or mechanical manner.
29. Ordinarily, this Court would be slow in interfering with any
order wherein bail has been granted by the Court below. However, if it C
is found that such an order is illegal or perverse6, or is founded upon
irrelevant materials adding vulnerability to the order granting bail 7, an
appellate Court will be well within its ambit in setting aside the same and
cancelling the bail. This position of law has been consistently reiterated,
including in the case of Kanwar Singh Meena v. State of Rajasthan8,
wherein this Court set aside the bail granted to the accused on the premise D
that relevant considerations and prima facie material against the accused
were ignored. It was held that:
“10….Each criminal case presents its own peculiar factual
scenario and, therefore, certain grounds peculiar to a
particular case may have to be taken into account by the E
court. The court has to only opine as to whether there is prima
facie case against the accused. The court must not undertake
meticulous examination of the evidence collected by the police
and comment on the same. Such assessment of evidence and
premature comments are likely to deprive the accused of a F
fair trial.…The High Court or the Sessions Court can cancel
the bail even in cases where the order granting bail suffers
from serious infirmities resulting in miscarriage of justice. If
the court granting bail ignores relevant materials indicating
prima facie involvement of the accused or takes into account
irrelevant material, which has no relevance to the question of G
grant of bail to the accused, the High Court or the Sessions

6
Puran v. Rambilas & Anr., (2001) 6 SCC 338, ¶10
7
Narendra K. Amin (Dr.) v. State of Gujarat & Anr., (2008) 13 SCC 584, ¶ 25
8
(2012) 12 SCC 180, ¶ 10 H
550 SUPREME COURT REPORTS [2022] 4 S.C.R.

A Court would be justified in cancelling the bail. Such orders
are against the well-recognised principles underlying the
power to grant bail. Such orders are legally infirm and
vulnerable leading to miscarriage of justice and absence of
supervening circumstances such as the propensity of the
accused to tamper with the evidence, to flee from justice, etc.
B
would not deter the court from cancelling the bail. The High
Court or the Sessions Court is bound to cancel such bail orders
particularly when they are passed releasing the accused
involved in heinous crimes because they ultimately result in
weakening the prosecution case and have adverse impact on
C the society. Needless to say that though the powers of this
Court are much wider, this Court is equally guided by the
above principles in the matter of grant or cancellation of bail.”
(Emphasis Supplied)
30. It will be beneficial at this stage to recapitulate the principles
D that a Court must bear in mind while deciding an application for grant of
bail. This Court in the case of Prasanta Kumar Sarkar v. Ashis
Chatterjee & Anr. 9, after taking into account several precedents,
elucidated the following:
“9…However, it is equally incumbent upon the High Court to
E exercise its discretion judiciously, cautiously and strictly in
compliance with the basic principles laid down in a plethora
of decisions of this Court on the point. It is well settled that,
among other circumstances, the factors to be borne in mind
while considering an application for bail are:
F (i) whether there is any prima facie or reasonable ground
to believe that the accused had committed the offence;
(ii) nature and gravity of the accusation;
(iii) severity of the punishment in the event of conviction;
G (iv) danger of the accused absconding or fleeing, if released
on bail;
(v) character, behaviour, means, position and standing of
the accused;

9
H (2010) 14 SCC 496, ¶ 9 & 10
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 551
[SURYA KANT, J.]

(vi) likelihood of the offence being repeated; A
(vii) reasonable apprehension of the witnesses being
influenced; and
(viii) danger, of course, of justice being thwarted by grant of
bail.”
B
(Emphasis Supplied)
31. The Court in Prasanta Kumar Sarkar went on to note:
“10. It is manifest that if the High Court does not advert to
these relevant considerations and mechanically grants bail,
the said order would suffer from the vice of non-application C
of mind, rendering it to be illegal. In Masroor [(2009) 14 SCC
286 : (2010) 1 SCC (Cri) 1368] , a Division Bench of this
Court, of which one of us (D.K. Jain, J.) was a member,
observed as follows : (SCC p. 290, para 13)
“13. … Though at the stage of granting bail an elaborate D
examination of evidence and detailed reasons touching the
merit of the case, which may prejudice the accused, should
be avoided, but there is a need to indicate in such order
reasons for prima facie concluding why bail was being
granted particularly where the accused is charged of having
E
committed a serious offence.”
(Emphasis Supplied)
32. The aforestated principles have been affirmed and restated in
a number of subsequent decisions, including in the recent judgments of
Neeru Yadav v. State of U.P. & Anr.10, Anil Kumar Yadav v. State F
(NCT of Delhi) & Anr.,11 and Mahipal v. Rajesh Kumar & Anr.12.
33. Before dealing with the case at hand, we may, at the cost of
repetition, emphasise that a Court while deciding an application for bail,
should refrain from evaluating or undertaking a detailed assessment of
evidence, as the same is not a relevant consideration at the threshold G
stage. While a Court may examine prima facie issues, including any
reasonable grounds whether the accused committed an offence or the

10
(2014) 16 SCC 508, ¶ 11
11
(2018) 12 SCC 129, ¶ 17 & 18
12
(2020) 2 SCC 118, ¶ 13 H
552 SUPREME COURT REPORTS [2022] 4 S.C.R.

A severity of the offence itself, an extensive consideration of merits which
has the potential to prejudice either the case of the prosecution or the
defence, is undesirable. It is thus deemed appropriate to outrightly clarify
that neither have we considered the merits of the case nor are we inclined
to comment on the evidence collected by the SIT in the present case.
B 34. We may now briefly note the holding of the High Court as is
manifest from paragraph 25 of the impugned order which reads as follows:
“Considering the facts and circumstances of the case in toto,
it is evidence that as per the F.I.R., role of firing was assigned
to the applicant for killing the protestors, but during the course
C of investigation, no such firearm injuries were found either
on the body of any of the deceased or on the body of any
injured person. Thereafter, the prosecution alleged that the
applicant provoked the driver of the vehicle for crushing the
protestors, however, the driver along with two others, who
were in the vehicle, has been killed by the protestors. It is
D
further evidence that during the course of investigation,
notice was issued to the applicant and he appeared before
the Investigation Officer. It is also evidence that charge sheet
has already been filed. In such circumstances, this Court is
of the view that the applicant is entitled to be released on
E bail.”
35. We find ourselves in agreement with the learned Senior Counsel
for the Appellants that the High Court has completely lost sight of the
principles enumerated above, which conventionally govern a Court’s
discretion when deciding the question whether or not to grant bail. Instead
F of looking into aspects such as the nature and gravity of the offence;
severity of the punishment in the event of conviction; circumstances
which are peculiar to the accused or victims; likelihood of the accused
fleeing; likelihood of tampering with the evidence and witnesses and the
impact that his release may have on the trial and the society at large; the
High Court has adopted a myopic view of the evidence on the record
G
and proceeded to decide the case on merits.
36. The High Court has taken into account several irrelevant
considerations, whilst simultaneously ignoring judicial precedents and
established parameters for grant of bail. It has been ruled on numerous
occasions that a F.I.R. cannot be treated as an encyclopaedia of events.
H
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 553
[SURYA KANT, J.]

While the allegations in the F.I.R., that the accused used his firearm and A
the subsequent post mortem and injury reports may have some limited
bearing, there was no legal necessity to give undue weightage to the
same. Moreover, the observations on merits of a case when the trial has
yet to commence, are likely to have an impact on the outcome of the
trial proceedings.
B
37. Keeping all these factors cumulatively in mind, we have no
difficulty in answering question (B) also in the affirmative. It is held that
the order under challenge does not conform to the relevant considerations.
C. Whether interference is warranted by this Court:
38. As a natural and consequential corollary to the findings under C
questions (A) & (B) above, the impugned order of the High Court dated
10.2.2022 (as corrected on 14.2.2022) cannot be sustained and has to
be set aside. Ordered accordingly.
39. As a sequel thereto, bail bonds of the respondent/accused are
cancelled and he is directed to surrender within a week. D

40. Having held so, we cannot be oblivious to what has been
urged on behalf of the Respondent-Accused that cancellation of bail by
this Court is likely to be construed as an indefinite foreclosure of his
right to seek bail. It is not necessary to dwell upon the wealth of case
law which, regardless of the stringent provisions in a penal law or the E
gravity of the offence, has time and again recognised the legitimacy of
seeking liberty from incarceration. To put it differently, no accused can
be subjected to unending detention pending trial, especially when the
law presumes him to be innocent until proven guilty. Even where statutory
provisions expressly bar the grant of bail, such as in cases under the F
Unlawful Activities (Prevention) Act, 1967, this Court has expressly ruled
that after a reasonably long period of incarceration, or for any other
valid reason, such stringent provisions will melt down, and cannot be
measured over and above the right of liberty guaranteed under Article
21 of the Constitution (See Union of India v. K.A. Najeeb, (2021) 3
SCC 713, ¶ 15 & 17). G

41. We are, thus, of the view that this Court on account of the
factors like (i) irrelevant considerations having impacted the impugned
order granting bail; (ii) the High Court exceeding its jurisdiction by
touching upon the merits of the case; (iii) denial of victims’ right to
H
554 SUPREME COURT REPORTS [2022] 4 S.C.R.

A participate in the proceedings; and (iv) the tearing hurry shown by the
High Court in entertaining or granting bail to the respondent/accused;
can rightfully cancel the bail, without depriving the Respondent-Accused
of his legitimate right to seek enlargement on bail on relevant considerations.

B 42. We are thus inclined to allay the apprehension in the mind of
learned Senior Counsel for the Respondent-Accused that the cancellation
of bail by this Court shall amount to denial bail to the Respondent-
Accused till conclusion of the trial.
43. This Court is tasked with ensuring that neither the right of an
C accused to seek bail pending trial is expropriated, nor the ‘victim’ or the
State are denuded of their right to oppose such a prayer. In a situation
like this, and with a view to balance the competing rights, this Court has
been invariably remanding the matter(s) back to the High Court for a
fresh consideration.13 We are also of the considered view that ends of
justice would be adequately met by remitting this case to the High Court
D for a fresh adjudication of the bail application of the Respondent-Accused,
in a fair, impartial and dispassionate manner, and keeping in view the
settled parameters which have been elaborated in paragraphs 30 & 31
of this order.
44. Needless to say that the bail application shall be decided on
E merits and after giving adequate opportunity of hearing to the victims as
well. If the victims are unable to engage the services of a private counsel,
it shall be obligatory upon the High Court to provide them a legal aid
counsel with adequate experience in criminal law, at the State’s expense.
45. Lastly, in furtherance of the order of this court dated 26.10.2021
F in Writ Petition (Criminal) No. 426/2021, and keeping in mind the
allegations of the Appellants with respect to the incident dated 10.03.2022,
we deem it appropriate to observe that if the aforestated incident, has
happened in the manner as alleged, the same should serve as an
awakening call to the State authorities to reinforce adequate protection
G for the life, liberty, and properties of the eye/injured witnesses, as well
as for the families of the deceased.

13
Naresh Pal Singh v. Raj Karan and Anr, (1999) 9 SCC 104, ¶ 2; Brij Nandan Jaiswal
v. Munna alias Munna Jaiswal & Anr, (2009) 1 SCC 678, ¶ 12 & 13; Hari Om Yadav v.
H Dinesh Singh Jaat & Anr, 2013 SCC Online SC 610, ¶ 6.
JAGJEET SINGH & ORS. v. ASHISH MISHRA @ MONU & ANR. 555
[SURYA KANT, J.]

Conclusion A
46. We set aside the impugned order dated 10.02.2022 (corrected
on 14.2.2022) and remit the matter back to the High Court. Respondent
No.1 shall surrender and be taken into custody as already directed in
paragraph 39 above. We have not expressed any opinion either on facts
or merits, and all questions of law are left open for the High Court to B
consider and decide. The High Court shall decide the bail application
afresh expeditiously, and preferably within a period of three months.
The appeal is disposed of in the above terms.

Devika Gujral Appeal disposed of. C
(Assisted by : Shubhanshu Das, LCRA)

D

E

F

G

H