How are Bail Applications Decided in India?

 

INTRODUCTION

 

Today, I will talk about the case of Y v. State of Rajasthan, 2022 SCC OnLine SC 458, wherein the Hon’ble Supreme Court discussed the important factors that ought to be considered while deciding an Application for Grant of Bail.

 

Before understanding such important factors, it is important to note that: -

 

a. Section 439 (1) of the Code of Criminal Procedure (CrPC) enshrines the power of the High Court and the Court of Session to grant bail.

 

b. Courts other than the High Court or the Court of Session, may grant bail in case of non-bailable offences under Section 437 of CrPC.

 

c. Anticipatory Bail or bail to persons apprehending arrest may be granted by the High Court or the Court of Session under Section 438 of CrPC. And

 

d. A High Court or a Court of Session may direct for cancellation of bail of any person under Section 439 (2) of CrPC.

 

IMPORTANT FACTORS

 

In the present case, the Court concerned itself mostly with the provisions of Section 439 of CrPC. In this regard, the Court discussed the following factors that are to be considered while considering an Application for Bail: -

 

a. Prima facie ground to believe that the accused had committed the offence

 

b. Nature and gravity of accusation.

 

c. Severity of punishment in the event of conviction.

 

d. Danger of the accused absconding or fleeing, if released on bail.

 

e. Character, behavior, means, position and standing of the accused in the society.

 

f. Likelihood of the offence being repeated.

 

g. Reasonable apprehension of the witnesses being influenced; and

 

h. Danger of justice being thwarted by grant of bail.

 

According to the Court, the afore-stated factors ought to be considered while deciding an Application for Bail and though the High Courts have been bestowed with considerable discretion while deciding an Application for Bail, yet such discretion is not unfettered, and the Court must apply its judicial mind properly without being cryptic or mechanical.

 

CANCELLATION OF BAIL

 

Further, with respect to an application for cancellation of Bail, the Court explained the following important guidelines that are to be considered: -

 

a. Whether the accused has misconducted itself by violating the conditions of bail or due to some other supervening circumstances?

 

b. Whether the order granting bail has taken into account relevant factors while deciding the same? and

 

c. Whether the order granting bail is based on extraneous or irrelevant considerations making it unjustified, illegal and perverse?

 

GENERAL PRINCIPLES

 

Based on answers to such questions, the Court may decide whether to cancel bail or not. Apart from the afore-mentioned points, the Hon’ble Supreme Court also discussed some general principles that ought to be followed while deciding grant or refusal of bail. They are: -

 

a. “At the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case is not to be undertaken.”

 

b. In Bail Orders, there is a need to indicate reasons for prima facie concluding why bail is being granted especially in cases of serious offences. and

 

c. Many a times, the courts simply observe that based on the record or facts and circumstances of the case, they see it appropriate to grant bail. However, “merely recording “having perused the record” and “on the facts and circumstances of the case” does not subserve the purpose of a reasoned judicial order.” “Judges are duty-bound to explain the basis on which they have arrived at a conclusion.”

 

Thus, the afore-stated canons or principles of law must be followed while considering Applications for Bail, failing which any grant of bail may be cancelled by the Higher Court if such a case comes before it. I hope that the relevant factors for grant as well as refusal of bail are clear by now.