- The Supreme Court stated that statements made under Section 161 of the Code of Criminal Procedure are relevant in determining the prima facie case against an accused in a bail application in the case of a serious offence.
- "Except for the allegations of rape and murder, the allegations are grave, and it cannot be said that there are no materials on record at all," the bench of Justices Indira Banerjee and V. Ramasubramanian said while overturning an Allahabad High Court order that granted bail to a man accused of rape and murder of an eleven-year-old girl.
- The bench noted that the High Court ignored the materials on record, including incriminating statements of witnesses, while considering the State's appeal under Section 164/161 of Civil Procedure Code.
- The court also noted that bail was granted without regard for the heinous nature of the allegations against him, the gravity of the alleged offence, or the severity of the punishment in the event of ultimate conviction, simply because a co-accused had been granted bail.
- The High Court granted bail to the accused based on observations made in Data Ram vs. State of Uttar Pradesh and others.
- The rape and cold-blooded murder of an eleven-year-old child charged against the respondent-accused is heinous and dastardly.
- While setting aside the bail order, the court said that the conduct of killing a child to avoid being caught of the offence, inter alia, of rape and then burying the child as well as her stained clothes and other articles under the soil to cause evidence disappearance and evade apprehension for the offence of murder is indicative of a tendency to evade the process of law.
- It is possible that the respondent-accused will flee in order to avoid the legal process.
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