# AMINUDDIN v. STATE OF UTTAR PRADESH AND ANOTHER

- **Citation:** [2021] 7 S.C.R. 264
- **Court:** Supreme Court of India
- **Decided:** 2021-03-15
- **Case number:** Criminal Appeal No. 317 of 2021
- **Bench:** Dr. Dhananjaya Y Chandrachud, M. R. Shah
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/aminuddin-v-state-of-uttar-pradesh-and-another-34905
- **Pages:** 5

## Headnote

Constitution of India: Arts. 136, 21 - Invocation of jurisdiction
under - In a matter involving serious offence of murder, grant of
bail by High Court - On appeal, held: Undoubtedly, the protection
of personal liberty u/Art. 21 is a constitutional value which has to
be respected by the High Court, as indeed by all courts - Equally,
in a matter involving serious offence of murder, the liberty of the
accused has to be necessarily balanced with the public interest in
the administration of criminal justice system which requires that a
person who is accused of a crime is held to account - High Court
failed to notice relevant considerations and the settled principles
while granting bail - Thus, the order of the High Court set aside -
Code of Criminal Procedure, 1973 - s. 438.
Allowing the appeal, the Court
HELD: There can be no manner of doubt that the protection
of personal liberty under Article 21 of the Constitution of India,
is a constitutional value which has to be respected by the High
Court, as indeed by all courts. Equally, in a matter such as the
present, where a serious offence of murder has taken place, the
liberty of the accused has to be necessarily balanced with the
public interest in the administration of criminal justice system
which requires that a person who is accused of a crime is held to
account. Having regard to the settled principles which govern
the grant of bail in a matter involving a serious offence in a case
such as the present, the order of the High Court does not clearly
pass muster. In granting bail, the High Court failed to notice
relevant considerations which ought to have been, but have not
been taken into account. Thus, the impugned judgment and order
of the High Court is set aside. [Paras 8, 9][268-A-D]
[2021] 7 S.C.R. 264
264
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Mahipal vs Rajesh Kumar (2020) 2 SCC 118 - referred
to.
Case Law Reference
(2020) 2 SCC 118
Referred to
Para 7

## Text

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264
SUPREME COURT REPORTS
[2021] 7 S.C.R.
AMINUDDIN
v.
STATE OF UTTAR PRADESH AND ANOTHER
(Criminal Appeal No. 317 of 2021)
March 15, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
M. R. SHAH, JJ.]
Constitution of India: Arts. 136, 21 - Invocation of jurisdiction
under - In a matter involving serious offence of murder, grant of
bail by High Court - On appeal, held: Undoubtedly, the protection
of personal liberty u/Art. 21 is a constitutional value which has to
be respected by the High Court, as indeed by all courts - Equally,
in a matter involving serious offence of murder, the liberty of the
accused has to be necessarily balanced with the public interest in
the administration of criminal justice system which requires that a
person who is accused of a crime is held to account - High Court
failed to notice relevant considerations and the settled principles
while granting bail - Thus, the order of the High Court set aside -
Code of Criminal Procedure, 1973 - s. 438.
Allowing the appeal, the Court
HELD: There can be no manner of doubt that the protection
of personal liberty under Article 21 of the Constitution of India,
is a constitutional value which has to be respected by the High
Court, as indeed by all courts. Equally, in a matter such as the
present, where a serious offence of murder has taken place, the
liberty of the accused has to be necessarily balanced with the
public interest in the administration of criminal justice system
which requires that a person who is accused of a crime is held to
account. Having regard to the settled principles which govern
the grant of bail in a matter involving a serious offence in a case
such as the present, the order of the High Court does not clearly
pass muster. In granting bail, the High Court failed to notice
relevant considerations which ought to have been, but have not
been taken into account. Thus, the impugned judgment and order
of the High Court is set aside. [Paras 8, 9][268-A-D]
[2021] 7 S.C.R. 264
264
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265
Mahipal vs Rajesh Kumar (2020) 2 SCC 118 - referred
to.
Case Law Reference
(2020) 2 SCC 118
Referred to
Para 7
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No.317 of 2021
From the Judgment and Order dated 25.02.2020 of the High Court
of Judicature at Allahabad in Criminal Misc. Bail Application No.6083 of
2020.
Anilendra Pandey, Wahid Hussain, Ms. Suchita Dixit, Ms. Priya
Kashyap, Madhusudan, Sandeep, Ashwani Kumar, Advs. for the Appellant.
Ms. Bansuri Swaraj, Ms. Maniya Hasija, Shashank Shekhar Singh,
Anand Dilip Landge, Advs. for the Respondents.
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, J.
1. Leave granted.
2. Invoking the jurisdiction of this Court under Article 136 of the
Constitution, the informant at whose behest FIR No 438 of 2019 was
registered on 10 July 2019 at Police Station Kasganj, District Kasganj,
U.P., has moved this Court aggrieved by the order of the learned Single
Judge dated 25 February 2020 granting bail to the second respondent.
3. Briefly stated, the First Information Report was registered at
the behest of the appellant who is the father of the deceased. The FIR
states that on 10 July 2019 at about 5.15 pm, the son of the appellant was
proceeding for the purpose of milking the cattle, at which stage, seven
persons residing on the same street attacked him with knives, as a result
of which he sustained serious injuries and died on the spot. A postmortem report was conducted at 1 am on 11 July 2019. As many as eight
ante mortem injuries were detected. The statement of the appellant was
recorded on 11 July 2019. After the arrest of one of the accused, Imran,
on 11 July 2019, the Investigating Officer is stated to have made efforts
between 12 and 27 July 2019 to apprehend the other accused, but the
remaining accused were absconding. On 30 July 2019, a non-bailable
AMINUDDIN v. STATE OF UTTAR PRADESH AND ANOTHER
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
warrant was issued. On 2 August 2019, a proclamation was issued under
Section 82 of the Code of Criminal Procedure 1973. Among the other
accused, the second respondent surrendered before the court on 29 August 2019. On 31 October 2019, the application for bail moved on behalf
of the second respondent was rejected by the Sessions Judge, Kasganj.
The learned Sessions Judge observed thus:
"The applicant is nominated in the FIR. There is direct charge of
the murder of the son of the applicant with knives. In the Post
Mortem Report the cause of death of the deceased is due to AntiMortem injuries and shocked. There are 8 injuries mentioned in
the Post Mortem Report. Hence in my opinion in view of the entire facts, heinous crime offence, and circumstances, the accused
is not liable to be released on bail. Hence the bail application has
been got dismissed."
4. Thereafter, the High Court was moved in Criminal Miscellaneous Bail Application No 6083 of 2020. The High Court by its order
dated 25 February 2020 directed that the second respondent be enlarged
on bail.
5. Mr Anilendra Pandey, learned counsel appearing on behalf of
the appellant submits that the only reason why the High Court was persuaded to grant bail was "the larger mandate of Article 21 of the Constitution of India". It has been submitted that the High Court has not indicated any other reason and has completely ignored the seriousness of
the offence, the nature of the injuries and the involvement, prima facie,
of the accused, who are residing in the same locality who are named in
the FIR.
6. Pursuant to the notice that was issued by this Court on 18 December 2020, the State of U.P. has entered appearance through Ms
Bansuri Swaraj, learned counsel. A counter affidavit has been filed. The
State has supported the contention of the appellant. On 19 February
2021, after service was completed, time was granted both to the State as
well as to the counsel for the second respondent to file a counter affidavit. Though a counter affidavit has been filed by the State of UP, no
counter has been filed on behalf of the second respondent. A letter has
been circulated on behalf of the second respondent seeking a further
adjournment. However, having due regard to the fact that the appellant
seeks to challenge an order of the High Court granting bail to the second
respondent in a serious offence involving the murder of the son of the
appellant, we see no reason to grant any further adjournment having
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regard to the fact that sufficient time has already been granted on 19
February 2021.
7. The circumstances would indicate that a brutal murder has been
committed of the son of the appellant. The postmortem report would
indicate as many as eight ante mortem injuries. The offence is alleged to
have taken place in broad day light. The First Information Report being
Case Crime No 438 of 2019 was registered at about 2108 hours, within
a period of four hours of the incident which is alleged to have taken place
at 1715 hours on the same day. After the investigation was completed,
the charge-sheet has been submitted before the competent court under
Section 173 of the Code of Criminal Procedure 1973. In several judgments of this Court, the need for the High Court to adduce reasons while
granting bail has been underscored. At this stage, we may advert to the
recent decision in Mahipal vs Rajesh Kumar1, which was relied on by
Ms Bansuri Swaraj, learned counsel for the State of UP. Speaking for a
two-Judge Bench, one of us (Justice D Y Chandrachud, J) observed:
"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 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 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
arrived at a conclusion.
27. Where an order refusing or granting bail does not furnish the
reasons that inform the decision, there is a presumption of the
non-application of mind which may require the intervention of this
Court."
8. In the present case, the High Court has merely observed that
bail was being granted after considering the submissions and having re1 (2020) 2 SCC 118
AMINUDDIN v. STATE OF UTTAR PRADESH AND ANOTHER
[DR. DHANANJAYA Y CHANDRACHUD, J.]
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SUPREME COURT REPORTS
[2021] 7 S.C.R.
gard to the "larger mandate of Article 21". There can be no manner of
doubt that the protection of personal liberty under Article 21 is a constitutional value which has to be respected by the High Court, as indeed by
all courts. Equally, in a matter such as the present, where a serious offence of murder has taken place, the liberty of the accused has to be
necessarily balanced with the public interest in the administration of criminal justice system which requires that a person who is accused of a
crime is held to account. Having regard to the settled principles which
govern the grant of bail in a matter involving a serious offence in a case
such as the present, we are of the view that the order of the High Court
does not clearly pass muster. No case for the grant of bail is made out. In
granting bail, the High Court has failed to notice relevant considerations
which ought to have been, but have not been taken into account.
9. In the above circumstances, we allow the appeal and set aside
the impugned judgment and order of the High Court dated 25 February
2020. As a consequence of this order, the second respondent shall surrender forthwith.
10. Pending applications, if any, stand disposed of.
Nidhi Jain
 Appeal allowed.