Whether a person added as accused under Section 319 CrPC is entitled to bail, and what standard applies? Held: When such an accused seeks bail: Court must look for strong and cogent evidence, not mere probability of complicity. Test is: Higher than prima facie (used at charge framing stage), But lower than proof sufficient for conviction if unrebutted. Court must consider: Nature and gravity of offence (here, Sections 147, 148, 149, 302 IPC; Arms Act offences) Quality of evidence against the newly added accused Likelihood of absconding Possibility of tampering with evidence Thus, threshold for bail consideration is significantly elevated when addition is under Section 319 CrPC. On facts: Appellant Md Imran @ D.C. Guddu ordered to be released on bail subject to conditions imposed by Trial Court.

advocatemmmohan

Code of Criminal Procedure, 1973 – Section 319 – Addition of accused during trial – Bail – Standard of scrutiny – Strong and cogent evidence required – Bail granted.

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A. Section 319 CrPC – Addition of Accused

• FIR registered against 9 accused.

• Chargesheet filed against 3; closure report filed qua 6.

• On basis of eye-witness testimony during trial, application under Section 319 CrPC filed.

• Trial Court partly allowed application and summoned 3 of the 6 dropped accused.

• Order under Section 319 attained finality (unchallenged).

Held:

Power under Section 319 invoked based on oral evidence of eyewitnesses.

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B. Bail of Accused Added under Section 319

Paras 14, 17

Issue: Whether a person added as accused under Section 319 CrPC is entitled to bail, and what standard applies?

Held:

When such an accused seeks bail:

1. Court must look for strong and cogent evidence, not mere probability of complicity.

2. Test is:

   • Higher than prima facie (used at charge framing stage),

   • But lower than proof sufficient for conviction if unrebutted.

3. Court must consider:

   • Nature and gravity of offence (here, Sections 147, 148, 149, 302 IPC; Arms Act offences)

   • Quality of evidence against the newly added accused

   • Likelihood of absconding

   • Possibility of tampering with evidence

Thus, threshold for bail consideration is significantly elevated when addition is under Section 319 CrPC.

On facts:

Appellant Md Imran @ D.C. Guddu ordered to be released on bail subject to conditions imposed by Trial Court.

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C. Anticipatory Bail of Co-Accused

Paras 15, 18

• Two co-accused (Md. Samsher and Md. Arshad) granted anticipatory bail by High Court.

• They were regularly appearing before Trial Court.

Held:

No case made out for cancellation of anticipatory bail.
State’s appeal dismissed.

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LEGAL PRINCIPLE CLARIFIED

This judgment refines the bail standard applicable to accused summoned under Section 319 CrPC:

• Since Section 319 requires a higher evidentiary threshold for summoning (as per settled jurisprudence),

• Bail consideration must reflect that elevated standard,

• Yet detention cannot be automatic merely because Section 319 was invoked.

The Court balances:

• Liberty of the accused, and

• Seriousness of the offence (murder under Section 302 IPC).

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RESULT

• Appeal of Md Imran @ D.C. Guddu – Allowed (Bail granted).

• Appeal of State of Jharkhand – Dismissed (Anticipatory bail of co-accused upheld).

• Trial to proceed uninfluenced by bail observations.