LAXMAN PRASAD PANDEYversusTHE STATE OF UTTAR PRADESH & ANR.

                          [2021] 9 S.C.R. 629                              629


                   LAXMAN PRASAD PANDEY                                    A
                                   v.
           THE STATE OF UTTAR PRADESH & ANR.
                 (Criminal Appeal No. 1551 of 2021)
                         DECEMBER 11, 2021                                 B
             [DR. DHANANJAYA Y CHANDRACHUD
                     AND A. S. BOPANNA, JJ.]
       Penal Code, 1860 – ss.147, 148, 149, 307, 302, 188 and
s.120B – Arms Act – s.27/30 – Two FIRs were filed, both pertained
to the same incident – There was a clash of two groups by using            C
firearms which resulted in indiscriminate firing from both sides –
First FIR No.406 of 2020 (u/ss.147, 148, 149, 307, 302, 188, 120B
IPC and s.27/30 of the Arms Act) was filed by the appellant alleging
that he along with his brother and some other persons had gone to
seek return of the money which he had given to a person of the             D
another group – It is alleged that they were fired upon and as a
result of the indiscriminate firing, appellant’s brother died and others
were injured – Second FIR No.407 of 2020 (u/ss.147, 148, 149,
307 IPC) was filed by another group, however, they alleged that
appellant and his group were the aggressors and they had fired
upon them – The High Court granted bail to the accused persons in          E
the first FIR and in the second FIR the accused persons i.e. appellant
and others were denied anticipatory bail – On appeal, held: A
perusal of the order in the proceedings relating to the first FIR in
bail application indicates that the Single Judge of the High Court
though has taken note of details of the incident and the contention        F
of the parties, has not analyzed the same to record the satisfaction
to enlarge the accused on bail – The conclusion recorded by the
Single Judge of the High Court is almost verbatim similar to the
portion which is extracted and disapproved by the Supreme Court
in Mahipal’s case – The accused were enlarged on bail though the
charges were grave, which included s.302 IPC and s.27/30 of the            G
Arms Act – The fact that the said accused persons had spent 10, 7
and 4 months respectively in custody have weighed with the High
Court which could not have been a mitigating factor when charges
of such serious nature are to be tried – Further, one of the accused
had seven cases registered against him and investigation is not yet
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                                   629
630            SUPREME COURT REPORTS                       [2021] 9 S.C.R.


A     complete in the second FIR – One person died due to firearm wound
      – So, release of the accused persons at this juncture not justified –
      As far as anticipatory bail is concerned, the appellant himself stated
      in the first FIR that accused persons caught hold of his brother’s
      licensed pistol, which would indicate that appellant and his group
      were also armed – So, it is too premature at this stage to arrive at
B
      any conclusion as to which group was the aggressor – The State
      indicated that one of the reasons for incomplete investigation was
      that one person was still undergoing treatment, that itself makes it
      clear that injuries were not of simple nature – The allegations, in
      the instant case were of serious nature which would require a detailed
C     investigation and recovery of weapons in the course of investigation
      which is yet to be completed – Thus, it is not a fit case where the
      appellants need to be protected by grant of anticipatory bail – Also,
      the bail order granting bail to the accused in first FIR set aside and
      their bail bonds stand cancelled.
D           Disposing of the appeals, the Court
            HELD : 1. A perusal of the order dated 16.03.2021 in the
      proceedings relating to FIR No. 406 of 2020 in Bail Application
      indicates that the Single Judge of the High Court though has
      taken note of details of the incident and the contention of the
E     parties, has not analysed the same to record the satisfaction to
      enlarge the accused on bail. [Para 12][637-F-G]
            2. In that background, reverting to the present facts, it is
      noticed that the conclusion recorded by the Single Judge of the
      High Court is almost verbatim similar to the portion which is
F     extracted and disapproved by this Court in Mahipal’s case. It is
      noticed that with such sweeping observation made, the accused
      in FIR No. 406 of 2020 have been ordered to be enlarged on bail
      though the charges thereunder are grave, which include Section
      302 IPC and Section 27/30 of the Arms Act. The allegation is of
      indiscriminate firing which has also resulted in the death of the
G     brother of the complainant. It is no doubt true, that the
      investigation has been carried out in the said case and the
      chargesheet is stated to have been filed. Further, the fact that
      the said accused persons had spent 10, 7 and 4 months respectively

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    LAXMAN PRASAD PANDEY v. THE STATE OF UTTAR                         631
                PRADESH & ANR.

in custody seems to have weighed with the Court which could            A
not have been a mitigating factor when charges of such serious
nature are to be tried. The details furnished by the State would
indicate that seven other cases are registered against one of the
accused who is also alleged to be a part of the group of the accused
in the instant case. In such circumstance, when the said persons
                                                                       B
are also stated to have been attacked by the rival group as alleged
in the counter complaint in FIR No. 407 of 2020 and the
investigation is not yet complete in the said proceedings, it would
not be appropriate for the said persons who were part of one
group which had clashed against the other to be in a position to
alter the nature of consideration when ultimately a composite          C
investigation to complete the process in FIR No. 407 of 2020
would also be necessary. Therefore, at the outset, when it is noted
that brother of appellant died due to firearm wound suffered by
him and both the FIR No. 406 of 2020 and FIR No. 407 of 2020
referred to the indiscriminate use of firearm in the clash, the
                                                                       D
release of the accused in FIR No. 406 of 2020 at this juncture
was not justified, more particularly in a circumstance where the
Single Judge has not recorded his satisfaction with regard to the
specific details of the case and the reason for which each of the
accused was entitled to be enlarged on bail. At this stage, in
any event the role of each member in either group is not clear.        E
[Para 15][639-C-H; 640-A-B]
      3. This Court is unable to appreciate the grant of
anticipatory bail, for more than one reason. Firstly, the delay as
alleged in filing the complaint would not be material at this stage
since the ultimate reference is to the very same incident dated        F
08.05.2020. The allegation in the complaint dated 12.05.2020 is
not relating to any other subsequent incident so as to deem it as
a complaint filed as being in the nature of counter blast. Further,
the very complaint registered at the behest of the appellant in
FIR No.406 of 2020 would indicate that in his complaint, he has
inter alia stated that two persons of the rival group caught hold of   G
his brother and thereby snatched his licensed pistol. The said
statement in his own complaint would indicate that the group
including the complainant in FIR No. 406 of 2020 who are the

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632            SUPREME COURT REPORTS                      [2021] 9 S.C.R.


A     accused in FIR No. 407 of 2020 and are seeking for grant of
      anticipatory bail were also armed with firearm when they had gone
      to the said spot where the incident occurred. If that be the
      position, it is too premature at this stage to arrive at any
      conclusion as to which group was the aggressor and the manner
      in which the firing had erupted and also the weapons that were
B
      used. These are all matters to be looked into during the
      investigation of the pending complaint and for the purpose of
      framing charges and the consequent trial. In addition, though the
      injuries suffered by one person is contended to be a simple injury,
      the counter statement filed on behalf of the respondents, more
C     particularly the State of Uttar Pradesh would indicate that one of
      the reasons given for incompletion of the investigation is that
      the said injured is still undergoing treatment which makes it
      obvious that he has suffered more than the simple injuries referred
      to by the counsel. Therefore, if all these aspects are kept in view,
      the allegations are of serious nature which would require a
D
      detailed investigation and recovery of weapons in the course of
      investigation which is yet to be completed. In that view, it is not
      a fit case where the appellants in the second set of appeal need
      to be protected by grant of anticipatory bail. [Para 17][640-F-H;
      641-A-D]
E            4. In the above background, in both the set of cases the
      composite consideration would be required in the further process
      of investigation, framing charges and trial. That apart, as noticed,
      one among the accused has a criminal history was also a part of
      one of the groups involved in the incident which occurred on
F     08.05.2020 and in that circumstance when the case has been
      registered under Section 302 and in the second FIR under Section
      307, in addition to Section 149 IPC, in both the cases, the bail
      granted to the appellants in the first set of cases would not be
      justified. Further, as indicated, the appellants in the second set
      of cases would also not be entitled to grant of anticipatory bail,
G     though it would be open to them to surrender and seek for regular
      bail on its own merits. [Para 18][641-D-F]
            Mahipal vs. Rajesh Kumar @ Polia & Anr. (2020) 2
            SCC 118: [2019] 14 SCR 529; Kalyan Chandra Sarkar
            vs. Rajesh Ranjan (2004) 7 SCC 528 – relied on.
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    LAXMAN PRASAD PANDEY v. THE STATE OF UTTAR                           633
                PRADESH & ANR.

                        Case Law Reference                               A
[2019] 14 SCR 529               relied on               Para 13
(2004) 7 SCC 528                relied on               Para 14
     CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No.1551 of 2021.                                                         B
       From the Judgment and Order dated 16.03.2021 of the High Court
of Judicature at Allahabad, Lucknow Bench, Lucknow in Bail Application
No.1694 of 2021.
        With
                                                                         C
        Crl. Appeal Nos.1558, 1557, 1552, 1554-1555, 1553 And 1556 of
2021.
      Sidharth Luthra, Sr. Adv., Ms. Sakshi Kakkar, Advs. for the
Appellant.
      V. K. Shukla, Sr. Adv., Adarsh Upadhyay, Aviral Saxsena, Amol      D
Chitravanshi, Ajay Prajapati, Sameer Kumar, Aditya Shankar Prasad,
Shah Rukh Ahmad, Salil Chowdhury, Mandeep Baisala, Advs. for the
Respondents.
        The Judgment of the Court was delivered by
        A. S. BOPANNA, J.                                                E

       1. The three appeals of the first set, all titled Laxman Prasad
Pandey vs. State of Uttar Pradesh & Ors. bearing Criminal Appeal
No.1551/2021 (arising out of SLP (Crl.) No.3285/2021); Criminal Appeal
No.1554-1555/2021 (arising out of SLP (Crl.) Nos.5605-5606/2021) and
Criminal Appeal No.1553/2021 (arising out of SLP (Crl.) No. 5539/2021)   F
arise against the orders dated 16.03.2021, 17.12.2020 and 19.03.2021
and 26.07.2021 passed by the learned Single Judge of the High Court of
Judicature of Allahabad, Lucknow Bench, Lucknow in Bail Application
No.1694 of 2021, Bail Application No.9559 of 2020, Bail Application
No. 11 of 2021 and Bail Application No.3876 of 2021. The accused in      G
the above said cases are Anjani Kumar Shukla, Rahul @ Monu Tiwari
and Raj Kumar Maurya.
       2. The second set of four appeals, titled Laxman Prasad Pandey
vs. State of Uttar Pradesh & Anr. bearing Criminal Appeal No.1556/
2021 (arising out of SLP (Crl.) No.6061/ 2021); Vishnu Prasad Pandey
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634             SUPREME COURT REPORTS                            [2021] 9 S.C.R.


A     vs. State of U.P. & Anr.; Criminal Appeal No.1552/2021 (arising out of
      SLP (Crl.) No.3226/2021; Subhash Saini and Pramod Prasad Pandey
      vs. State of U.P. & Anr.; Criminal Appeal No.1558/2021 (arising out of
      SLP (Crl.) No.6611/2021) and Ratnakar Dwivedi and Vikas Chandra
      Mishra vs. State of U.P. & Anr.; Criminal Appeal No.1557/2021 (arising
      out of SLP (Crl.) No.6569/2021) arise against the separate orders, all
B
      dated 23.03.2021 passed by the High Court of Allahabad, Lucknow Bench,
      Lucknow in A.B. No.5003 of 2020, A.B No.276 of 2021 and A.B.
      No.5370 of 2020 respectively.
             3. In the first set of three appeals, the complainant Laxman Prasad
      Pandey has assailed the orders passed by the learned Single Judge of
C     the High Court enlarging the accused on bail, in case relating to FIR
      No.406 of 2020. In the second set of four appeals, the appellants therein
      have assailed the order passed by the learned Single Judge dismissing
      the petitions filed by them seeking grant of anticipatory bail in case bearing
      FIR No.407 of 2020. The above noted two sets of cases were tagged,
D     heard together and are therefore being disposed of by this common
      judgment, since the issue in these appeals pertain to the same incident
      which is alleged to have occurred on 08.05.2020 within the jurisdiction
      of the Kotwali City Police Station, Pratapgarh District, Uttar Pradesh.
             4. The brief facts to be noted for the purpose of disposal of these
E     appeals indicate that Laxman Prasad Pandey had reported with a
      complaint to the jurisdictional Police on 09.05.2020 at 16:30 hours about
      the incident. The same was registered in FIR No.406 of 2020. In the
      said complaint, he had alleged that he along with his brother Ram Prasad
      Pandey, Subhash Saini, Surendra Tiwari and others went to the plot
      situated in Marut Nagar where Sarvesh Tiwari, Anand Tiwari @ Vivek
F     and others named in the complaint along with certain other unknown
      persons were present. Complainant went there to seek return of the
      money he had given earlier to Sarvesh Tiwari. It is alleged that Sarvesh
      Tiwari and others were armed with repeater, pistol and rifle. When the
      complainant reached there, he and his associates were asked to sit on
G     the chairs. The complainant at that point asked for return of his money.
      At that stage Aditya Singh @ Major and the other persons named in the
      complaint exhorted to attack the complainant and his associates by
      shouting “Mar Dalo Salo Ko”. The said Aditya Singh and Monu are
      alleged to have caught hold of the appellants’ brother and snatched his
      licensed pistol, while Sarvesh Tiwari, Anand Tiwari, Anjani Shukla and
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    LAXMAN PRASAD PANDEY v. THE STATE OF UTTAR                                 635
         PRADESH & ANR. [A. S. BOPANNA, J.]

others who were armed with weapons started firing on the complainant           A
and his brother. They ran helter-skelter and in the melee, appellant’s
brother - Ram Prasad Pandey fell down since he suffered firearm injuries.
His brother was taken to the District Hospital, from where he was
referred to Allahabad Swaroop Rani Hospital when he breathed his last
during the treatment. In that light, the FIR was registered against the
                                                                               B
persons named therein which include the private respondents in the first
set of the three appeals, under Sections 147, 148, 149, 307, 302, 188 and
120B IPC and Section 27/30 of Arms Act. It is in the said proceedings,
the accused Anjani Kumar Shukla, Rahul @ Monu Tiwari and Raj Kumar
Maurya had filed petitions under Section 439 Cr.PC seeking grant of
bail. The same being allowed by the High Court, the complainant is             C
before this Court seeking that the order be set aside.
       5. In respect of the same incident alleged to have occurred on
08.05.2020 yet another FIR bearing No.407 of 2020 was registered based
on the complaint lodged by Sarvesh Tiwari on 12.05.2020 at 16:14 hours.
In the said complaint, it was stated by Sarvesh Tiwari that he is a resident   D
of Sagra Village and he works as a property dealer in Ranjitpur Chilbila.
He has alleged that on 08.05.2020, the brokers of the land belonging to
Ram Prasad Pandey, Laxman Prasad Pandey, Vishnu Pandey being
accompanied with the others named in the complaint and being armed
with illegal weapons came there. Due to previous enmity, with the
intention to kill them started indiscrete firing on the complainant and the    E
others present. His cousin brother Anand Tiwari and also Rahul Tiwari
@ Monu and Anjani Shukla sustained gunshot injuries and fell to the
ground. The attacking party had presumed them to be dead and went
away abusing them. In that view, the complainant sought action against
them. The said crime No.407 of 2020 was registered under Section 147,          F
148, 149, 307 IPC. In the second set of appeals relating to the said FIR
No.407 of 2020, the persons accused therein namely Laxman Prasad
Pandey, Vishnu Prasad Pandey, Subhash Saini, Pramod Pandey, Ratnakar
Dwivedi and Vikas Chandra Mishra filed petitions before the High Court
under Section 438 of IPC seeking grant of anticipatory bail which came
to be rejected. The rejection of the anticipatory bail by the learned Single   G
Judge is assailed in the second set of appeals.
      6. As already indicated, since all the above noted appeals arise
out of the same alleged incident dated 08.05.2020 and the nature of
consideration would be the same in all these cases, they are considered
together.                                                                      H
636             SUPREME COURT REPORTS                           [2021] 9 S.C.R.


A           7. We have heard Mr. Sidharth Luthra, learned senior counsel
      along with Ms. Sakshi Kakkar, learned counsel for the appellants, Mr.
      V.K. Shukla, learned senior counsel for the State of U.P. and Mr. Sameer
      Kumar, learned counsel for the private respondents in all these appeals.
              8. The learned senior counsel for the appellants has taken us
B     through the contents of FIR No.406 of 2020 and in that light has pointed
      out to the post-mortem report dated 09.05.2020 wherein the contents
      reveal that Ram Prasad Pandey, the deceased brother of the complainant
      had suffered external injuries such as, wound caused by firearm. In that
      light, it is contended that when the case registered against the accused is
      for the grave offences which include the offence under Section 302 IPC
C     and the provisions of the Arms Act, the learned Single Judge ought to
      have appropriately recorded his satisfaction before exercising the
      discretion to enlarge on bail. It is contended that in the instant case, the
      learned Single Judge except referring to the rival contention has not
      analysed the same for recording his satisfaction. Observations of a
D     general nature is made and ordered to enlarge the accused on bail. It is
      contended that such consideration is contrary to the position of law
      enunciated by this Court in the case of Mahipal vs. Rajesh Kumar @
      Polia & Anr. (2020) 2 SCC 118. The learned counsel had also made
      detailed reference to the other material on record to contend that the
      order to enlarge the accused on bail, in FIR No.406 of 2020 is liable to
E     be set aside.
             9. Insofar as the appeals filed by the accused in case relating to
      FIR No.407 of 2020 Mr. Sidharth Luthra, learned senior counsel appearing
      for the appellants therein contended that the said complaint is filed only
      as a counter blast. It was an afterthought and filed as late as on
F     12.05.2020. Though in the FIR the alleged offence is registered under
      Section 307 IPC as well, the medical certificate relating to Anand Tiwari
      who is stated to be injured as per the complainant, has suffered only
      simple injuries caused due to hard and blunt object. In such event, when
      the persons named in the said FIR are available to cooperate in the
G     investigation, the petition filed by them seeking anticipatory bail ought to
      have been appropriately considered by the learned Single Judge and
      anticipatory bail ought to have been granted. It is further contended that
      the receipts dated 28.05.2018 and 29.06.2018 would indicate that Sarvesh
      Tiwari had received a sum of Rs.3,00,000/- (Rupees three lakhs) from
      Laxman Prasad Pandey which was to be returned. He and his brother
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    LAXMAN PRASAD PANDEY v. THE STATE OF UTTAR                                   637
         PRADESH & ANR. [A. S. BOPANNA, J.]

were attacked when they legitimately sought return of the money. In              A
that circumstance, Sarvesh Tiwari and others named in FIR No.406 of
2020 are the aggressors. In such event, there is no reason to deny the
appellants the benefit of anticipatory bail sought by the appellants.
       10. The learned counsel for the private respondents with reference
to the counter-affidavit filed on their behalf sought to contend that the        B
learned Single Judge having taken note of the contentions relating to the
case in FIR No.406 of 2020 and also the period of incarceration had
granted bail to the accused which is justified. It is contended that when
the learned Single Judge has exercised the discretion, the same would
not call for interference.
                                                                                 C
        11. Mr. V.K. Shukla, learned senior counsel for the State, with
reference to the factual aspects has contended that though two FIRs
are registered, as evident, the matter relates to the same incident dated
08.05.2020 where there has been a group clash by using firearms which
resulted in indiscriminate firing. As such, in either case the accused in
both the set of cases are not entitled to be released on bail. The learned       D
counsel has also referred to the criminal history of the persons involved.
It is contended that the investigation in the case relating to FIR No.407
of 2020 could not be concluded as the accused did not cooperate after
obtaining interim protection in the appeal seeking anticipatory bail. Further,
the injured person is still undergoing treatment. Hence, the learned counsel     E
seeks that the bail granted to the accused in Crime No.406 of 2020 be
cancelled and the appeals relating to FIR No.407 of 2020 be dismissed.
       12. In the above backdrop, a perusal of the order dated 16.03.2021
in the proceedings relating to FIR No.406 of 2020 in Bail Application
No.1694 of 2021 indicates that the learned Judge though has taken note           F
of details of the incident and the contention of the learned counsel for
the parties, has not analysed the same to record the satisfaction to enlarge
the accused on bail. The ultimate reason and conclusion adopted by the
learned Single Judge reads as hereunder: -
       “Considering the facts and circumstances of the case, and also            G
       considering the nature of allegations, arguments advanced by
       learned counsel for the parties, the period for which he is in jail
       and without expressing any opinion on merits of the case, I find it
       to be a fit case for enlarging the applicant on bail.”

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638            SUPREME COURT REPORTS                            [2021] 9 S.C.R.


A           The nature of consideration is similar in the order dated 17.12.2020
      and 26.07.2021 passed in Bail Application Nos.9559 of 2020 and 3876
      of 2021 relating to the other two accused in FIR No.406 of 2020.
             13. In that background, a perusal of the decision rendered by a
      Two Judge Bench of this Court in Mahipal (supra) authored by Dr.
B     Justice D.Y. Chandrachud reads as hereunder: -
            “24. There is another reason why the judgment of the learned
            Single Judge has fallen into error. It is a sound exercise of judicial
            discipline for an order granting or rejecting bail to record the
            reasons which have weighed with the court for the exercise of its
C           discretionary power. In the present case, the assessment by the
            High Court is essentially contained in a single para which reads:
                “4. Considering the contentions put forth by the counsel for
                the petitioner and taking into account the facts and
                circumstances of the case and without expressing opinion on
D               the merits of the case, this Court deems it just and proper to
                enlarge the petitioner on bail.”
            25. Merely recording “having perused the record” and “on the
            facts and circumstances of the case” does not subserve the purpose
            of a reasoned judicial order. It is a fundamental premise of open
E           justice, to which our judicial system is committed, that factors
            which have weighed in the mind of the Judge in the rejection or
            the grant of bail are recorded in the order passed. Open justice is
            premised on the notion that justice should not only be done, but
            should manifestly and undoubtedly be seen to be done. The duty
            of Judges to give reasoned decisions lies at the heart of this
F           commitment. Questions of the grant of bail concern both liberty
            of individuals undergoing criminal prosecution as well as the
            interests of the criminal justice system in ensuring that those who
            commit crimes are not afforded the opportunity to obstruct justice.
            Judges are duty-bound to explain the basis on which they have
G           arrived at a conclusion.”
             14. While arriving at such conclusion in the case of Mahipal
      (supra), the Hon’ble Bench of this Court had inter alia referred to an
      earlier decision of this Court in Kalyan Chandra Sarkar vs. Rajesh
      Ranjan (2004) 7 SCC 528 wherein another Bench of this Court, authored
      by Justice Santosh Hegde had held as hereunder: -
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    LAXMAN PRASAD PANDEY v. THE STATE OF UTTAR                                   639
         PRADESH & ANR. [A. S. BOPANNA, J.]

       “11. The law in regard to grant or refusal of bail is very well           A
       settled. The court granting bail should exercise its discretion in a
       judicious manner and not as a matter of course. Though at the
       stage of granting bail a detailed examination of evidence and
       elaborate documentation of the merit of the case need not be
       undertaken, there is a need to indicate in such orders reasons
                                                                                 B
       for prima facie concluding why bail was being granted
       particularly where the accused is charged of having committed
       a serious offence. Any order devoid of such reasons would
       suffer from non-application of mind.”
       15. In that background, reverting to the present facts, it is noticed
that the conclusion recorded by the learned Single Judge extracted supra         C
is almost verbatim similar to the portion which is extracted and
disapproved by this Court in Mahipal’s case noted supra. It is noticed
that with such sweeping observation made by the learned Single Judge,
Anjani Kumar Shukla, Rahul @ Monu Tiwari and Raj Kumar Maurya
the accused in FIR No.406 of 2020 have been ordered to be enlarged on            D
bail though the charges thereunder are grave, which include Section 302
IPC and Section 27/30 of the Arms Act. The allegation is of indiscriminate
firing which has also resulted in the death of Ram Prasad Pandey, the
brother of the complainant. It is no doubt true, that the investigation has
been carried out in the said case and the chargesheet is stated to have
been filed. Further, the fact that the said accused persons had spent 10,        E
7 and 4 months respectively in custody seems to have weighed with the
Court which could not have been a mitigating factor when charges of
such serious nature are to be tried. The details furnished by the learned
senior counsel for the State would indicate that seven other cases are
registered against one of the accused named Raj Kumar Maurya who is              F
also alleged to be a part of the group of the accused in the instant case.
In such circumstance, when the said persons are also stated to have
been attacked by the rival group as alleged in the counter complaint of
Sarvesh Tiwari in FIR No.407 of 2020 and the investigation is not yet
complete in the said proceedings, it would not be appropriate for the said
persons who were part of one group which had clashed against the                 G
other to be in a position to alter the nature of consideration when ultimately
a composite investigation to complete the process in FIR No.407 of
2020 would also be necessary. Therefore, at the outset, when it is noted
that Ram Prasad Pandey died due to firearm wound suffered by him
and both the FIR No.406 of 2020 and FIR No.407 of 2020 referred to               H
640            SUPREME COURT REPORTS                           [2021] 9 S.C.R.


A     the indiscriminate use of firearm in the clash, the release of the accused
      in FIR No.406 of 2020 at this juncture was not justified, more particularly
      in a circumstance where the learned Single Judge has not recorded his
      satisfaction with regard to the specific details of the case and the reason
      for which each of the accused was entitled to be enlarged on bail. At
      this stage, in any event the role of each member in either group is not
B
      clear.
             16. Similarly, the complaint lodged in FIR No.407 of 2020 discloses
      that the allegation made against the appellants in the second set of appeal
      is also of grave nature; to the effect that the accused persons were
      armed with illegal weapons and due to the previous enmity, they had
C     come there with intention to kill the complainant and his associates. In
      that regard, it is alleged that the accused had indulged in indiscriminate
      firing on the complainant, his cousin brother Anand Tiwari, Rahul Tiwari,
      Anjani Shukla and that they fell down on sustaining gunshot injury. As
      against the said allegations, Mr. Sidharth Luthra, learned senior counsel
D     for the said appellants while seeking to justify the prayer for grant of
      anticipatory bail has made strenuous attempt to contend that the said
      complaint is belated and lodged as a counter blast though there is no
      truth in the allegations. In that regard, in order to contend that Anand
      Tiwari had not suffered gunshot injury, has referred to the medical
      certificate wherein the opinion expressed is that the injuries which were
E     shown to be lacerated wound are simple in nature caused due to hard
      and blunt object.
             17. Though such contention is put forth, we are unable to appreciate
      the same in favour of the said appellants to consider grant of anticipatory
      bail, for more than one reason. Firstly, the delay as alleged in filing the
F     complaint would not be material at this stage since the ultimate reference
      is to the very same incident dated 08.05.2020. The allegation in the
      complaint dated 12.05.2020 is not relating to any other subsequent incident
      so as to deem it as a complaint filed as being in the nature of counter
      blast. Further, the very complaint registered at the behest of Laxman
G     Prasad Pandey in FIR No.406 of 2020 would indicate that in his complaint,
      he has inter alia stated thus - “in the meanwhile, Aditya Singh and
      Monu caught hold of the appellants’ brother and thereby snatched
      his licensed pistol”. The said statement in his own complaint would
      indicate that the group including the complainant in FIR No.406 of 2020
      who are the accused in FIR No.407 of 2020 and are seeking for grant of
H
    LAXMAN PRASAD PANDEY v. THE STATE OF UTTAR                                   641
         PRADESH & ANR. [A. S. BOPANNA, J.]

anticipatory bail were also armed with firearm when they had gone to             A
the said spot where the incident occurred. If that be the position, it is too
premature at this stage to arrive at any conclusion as to which group
was the aggressor and the manner in which the firing had erupted and
also the weapons that were used. These are all matters to be looked into
during the investigation of the pending complaint and for the purpose of
                                                                                 B
framing charges and the consequent trial. In addition, though the injuries
suffered by Anand Tiwari is contended to be a simple injury, the counter
statement filed on behalf of the respondents, more particularly the State
of Uttar Pradesh would indicate that one of the reasons given for
incompletion of the investigation is that the injured is still undergoing
treatment which makes it obvious that he has suffered more than the              C
simple injuries referred to by the learned counsel. Therefore, if all these
aspects are kept in view, the allegations are of serious nature which
would require a detailed investigation and recovery of weapons in the
course of investigation which is yet to be completed. In that view, it is
not a fit case where the appellants in the second set of appeal need to be
                                                                                 D
protected by grant of anticipatory bail.
       18. In the above background, in both the set of cases the composite
consideration would be required in the further process of investigation,
framing charges and trial. That apart, as noticed, one among the accused
namely Raj Kumar Maurya who has a criminal history was also a part
of one of the groups involved in the incident which occurred on 08.05.2020       E
and in that circumstance when the case has been registered under Section
302 and in the second FIR under Section 307, in addition to Section 149
IPC, in both the cases, the bail granted to the appellants in the first set of
cases would not be justified. Further, as indicated supra, the appellants
in the second set of cases would also not be entitled to grant of                F
anticipatory bail, though it would be open to them to surrender and seek
for regular bail on its own merits.
       19. For all the afore-stated reasons, the following order: -
       (i)    The orders dated 16.03.2021, 17.12.2020 and 26.07.2021
              passed by the learned Single Judge in Bail Applications            G
              No.1694/2021; 9559/2020 and 3876/2021 are set aside and
              the bail granted by the High Court is set aside.
       (ii)   The bail bonds executed by Anjani Kumar Shukla, Rahul
              @ Monu Tiwari and Raj Kumar Maurya shall stand
              cancelled and the said accused shall be taken to custody.          H
642                SUPREME COURT REPORTS                        [2021] 9 S.C.R.


A            (iii)   The Criminal Appeal No.1551/2021 @ SLP (Crl.) No.3285/
                     2021; Criminal Appeal No.1554-1555/2021 @ SLP (Crl.)
                     Nos.5605-5606/2021 and Criminal Appeal No.1553/2021 @
                     SLP (Crl.) No. 5539/2021) are allowed accordingly.
             (iv)    The Criminal Appeal No.1556/2021 @ SLP (Crl.) No.6061/
B                    2021; Criminal Appeal No.1552/2021 @ SLP (Crl.)
                     No.3226/2021; Criminal Appeal No. 1558/2021 @ SLP (Crl.)
                     No.6611/2021) and Criminal Appeal No.1557/2021 @ SLP
                     (Crl.) No.6569/2021 seeking for an order of anticipatory
                     bail are dismissed.
C            (v)     The interim orders passed during the pendency of these
                     proceedings shall stand dissolved.
             (vi)    It will be open for the appellants in Criminal Appeal
                     Nos.1556/2021, 1552/2021, 1558/2021 and 1557/2021 to
                     surrender and seek for regular bail which shall be considered
D                    on its own merits, in accordance with law.
             (vii) This order shall not be an impediment for the trial court or
                   High Court to consider applications of any of the accused
                   at the appropriate stage. All contentions in that regard are
                   kept open. The observation herein shall not be considered
E                  as an expression of opinion on merits of the case.
             (viii) Pending application, if any, shall stand disposed of.


      Ankit Gyan                                                 Appeals disposed of.

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