Statements Made U/Sec 161 CrPC Relevant in Considering Prima Facie Case Against Accused in His Bail Application: Supreme Court
[18 July 2022] The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.
“Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all”, the bench comprising Justices Indira Banerjee and V. Ramasubramanian said while setting aside an order of Allahabad High Court that granted bail to a man accused of rape and murder of eleven-year-old girl.
While considering the appeal filed by the State, the bench noted that the High Court has ignored the materials on record including incriminating statements of witnesses under Section 164/161 of the Code of Criminal Procedure.
“Statements under Section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.”, the Court said.