FIR Not An Encyclopaedia Of Facts; Absence of Overt Act No Ground Alone For Bail In Murder Cases: Supreme Court

The Bench of Justice KV Viswanathan and Justice Prasanna B. Varale held, "It can also safely be said that merely because no overt act was attributed to the respondent accused in the First Information Report the same cannot be the sole consideration for grant of bail to these respondents in a serious offence under Section 302 of IPC. Time and again, it is observed by this Court that First Information Report is not an encyclopaedia of facts. An FIR is a starter point to set the investigation in motion and subsequently, the investigating agency collects the necessary material in the course of investigation so as to unearth the real offenders."

The Court, however, found this reasoning to be legally untenable given the distinct role and conduct attributed to the present respondents.

The case pertains to the murder of Aman Yadav during a marriage procession on November 28, 2023, where a sharpshooter, Vicky @ Kartoos, allegedly hired by the accused, opened fire; killing Aman and seriously injuring two others, Vikas and Naveen.

The prosecution alleged that the respondents masterminded the conspiracy, motivated by prior enmity, and had been absconding for over six months following the incident. The pistol used in the crime was recovered from the residence of accused Yashpal, based on disclosures made by Vicky during investigation.

The Court observed that the material collected during investigation clearly implicated the respondents in planning the murder.

The Bench noted, "In the present case also, in the course of investigation, the material collected by the investigating agency suggested that the respondent accused persons hatched a conspiracy so as to eliminate the victim and engaged a contract killer Vicky @ Kartoos to kill the victim Aman."

"We are unable to accept the submission of the learned counsel for the respondents that it was a sudden fight in the marriage procession that led to opening of firearm and shooting the victim. The material collected by the investigating agency in the form of statement of witnesses show that the respondent accused who have engaged a contract killer Vicky @ Kartoos were waiting for an opportune time so that they can use the hired contract killer to eliminate victim Aman," it said. 

The Court also found merit in the submission that enlarging the accused on bail could lead to influencing witnesses, as the trial is at an early stage with key prosecution witnesses yet to be examined.

Accordingly, the Court allowed the appeal, cancelled the bail, and directed the accused to surrender within two weeks.

The Court clarified that its observations are only for the purpose of deciding the bail matter and shall not influence the merits of the trial. "Observations, in this judgment are only for the purpose of setting aside the bail order. The Trial Court is directed to decide the matter on its own merits, uninfluenced by the observations in this judgment," it said.