The Hon’ble Supreme Court passed an order cancelling the bail of an accused in an honour killing case and directed him to surrender before the District judge.
Conspiracy to murder
Mukesh Chaudhary was accused of committing conspiracy to murder in an honour killing case. The petitioner, Mamta Nair, hailing from Rajasthan is the sister of the accused and she had married the deceased in the year 2015, against the wishes of her parents.
It was alleged that two years after the marriage, the in-laws of the deceased had orchestrated the murder of Amit Nair. It was stated by the police that in the year 2017, the petitioner’s parents and two other men had barged into the couple’s house and had shot the deceased. The petitioner was six months pregnant at the time of the incident. It was also alleged that there was an attempt to kidnap the petitioner back to her parent’s house; however, it was interrupted by her neighbours.
An FIR was filed by Amit Nair’s mother, Rama Devi and the accused was charged with offences punishable under Section 452, 302 and 120B of the Indian Penal Code, 1860. In 2018, the bail application filed by the accused was dismissed by the Supreme Court. Initially, the Rajasthan High Court had also rejected his bail application. However, he was granted bail in December 2020. Thereafter, the petitioner filed a petition challenging the Rajasthan High Court’s decision in granting bail.
Arguments by the Petitioner
The Counsel appearing for the petitioner stated that it was “a blatant case of honour killing”. The petitioner alleged that after receiving bail, the accused had tried to intimidate her. The petitioner contended that the High Court had granted the accused bail without considering the facts and evidence of the case and that the Court had also not considered the safety and wellbeing of the petitioner, her three-year-old child and her mother-in-law.
Supreme Court’s Observations
The Court observed that the bail granted by the Rajasthan High Court was “not sustainable.” The Court also observed that “the order passed by the High Court should be set aside.”
Supreme Court Decides to Cancel Bail
A Bench of Chief Justice of India N.V. Ramana and Justices A.S. Bopanna and Hrishikesh Roy, after taking notice of the contentions of the petitioner, the Hon’ble Supreme Court passed an order cancelling the bail that was granted to the accused by the Rajasthan High Court. Additionally, the Court directed the accused to surrender before the District judge.