Supreme Court cancels bail of Rajasthan man accused of killing sister’s husband

The Supreme Court noted that the court cancelled the bail granted to the Rajasthan man’s in 2017 but was still released on a fresh request on the grounds that there was a change in the circumstance.

New Delhi: The Supreme Court on Monday cancelled the bail granted seven months ago to a man arrested for killing his sister’s husband in Rajasthan. The trial court has also been ordered to complete the trial within a year.

The Supreme court ruled that a change in the statement of the deceased’s wife did not constitute change in circumstance to merit bail when the top court had back inn 2017 ruled that there was prima facie evidence against the accused who is charged with killing his sister’s husband (REUTERS)

A three-judge bench headed by Chief Justice of India (CJI) NV Ramana cancelled Mukesh Chaudhary’s bail on a petition by his sister, Mamta Nair, who married the victim against her family’s wishes. He was shot dead at point blank range in May 2017.

Mamta Nair had petitioned the top court against the December 1, 2020 order of the Rajasthan High Court granting bail to her brother Mukesh Chaudhary who was named as one of the conspirators in the crime registered at police station Karni Vihar in Rajasthan under the offences of murder (IPC Section 302), house trespass (IPC Section 452) and criminal conspiracy (IPC Section 120B).

Mamta Nair told the court that she married the deceased against the wishes of her family. When she was six months pregnant in 2017, her family members barged into her house with some unknown persons and tried to forcibly take her away. When her husband tried to stop them, he was shot dead.

The bench did not comment on the merits of the case since the trial is underway but set aside bail granted to Mukesh Chaudhary as there was prima facie material against him and only 21 out of 47 witnesses have been examined so far.

The top court recalled that it had cancelled bail granted to Mukesh Chaudhary in November 2017 as well on the ground that there prima facie material against the accused, a change in the statement of the deceased’s wife recorded by the trial court did not provide for a “change in circumstance” for the high court to consider the fourth bail application of the accused.

The top court asked Mukesh Chaudhary to surrender before the court of upper district and sessions judge, Jaipur and ordered the trial court to make all efforts to conclude the trial expeditiously and in no event later than one year.