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The Supreme Court on Tuesday cancelled the bail of an accused in a case involving the murder of a young child for ransom.

A division bench of Justice DY Chandrachud and Justice Bela M Trivedi directed the accused to surrender, noting that most of the crucial witnesses in the case had not been examined yet.

Parents of the deceased 13-year old Class VIII student had approached the Top Court challenging the Delhi High Court's decision of granting bail to the accused who is facing trial for alleged offences punishable under Sections 363, 364A, 302 and 201 read with Section 34 of the Indian Penal Code, 1860.

The deceased child was kidnapped for a ransom of one crore and his dead body was recovered from a 'nallah', day after the kidnapping of the child. Accused was arrested on 25 November, 2014 and was in custody, except for the period when he was released on interim bail, until 2nd March, 2022.

"..High Court has, while granting bail, failed to notice crucial aspects which have a bearing on whether or not a case for the exercise of the jurisdiction to grant bail under Section 439 of CrPC was established...", observed the Top Court.

Court was further of the view that an important circumstance which should have, but had not been, taken into consideration by the High Court was that crucial witnesses were yet to be examined.

"The release of the second respondent on bail, at this stage, would run a grave risk of impeding a fair trial. The apprehension of the appellants and of the prosecution that the witnesses may be tampered with, cannot be regarded as lacking in substance...", said the division bench.

Thus, while setting aside the High Court's order, a further direction has been issued to the trial Judge to conduct the trial expeditiously on a day to day basis and conclude it, preferably within a period of one year.

Case Title: Mamta & Anr vs. The State (NCT of Delhi) & Anr