Factors such as severity or degree of the alleged offence cannot be the sole reasons for denying bail: SC ( Prabhakar Tewari v State of U.P & Anr) - Synopsis
Lakshay Parmar 18 Feb 2020

The Supreme Court (hereinafter referred to as “the court”) observed that factors such as gravity and seriousness of the alleged offences against an accused alone could not form the basis for refusal of prayer of bail. These appeals are filed against a High Court order passed on 11th September 2019, granting bail to the two accused who were arraigned in a murder case.

Justice Deepak Gupta and Justice Aniruddha Bose made this observation while rejecting an appeal against an order of the Allahabad High Court that granted bail to two persons allegedly involved in a murder case.

In the case of Mahipal Vs. Rajesh Kumar @ Polia & Anr. (Criminal Appeal No.1843 of 2019) decided on 5th December, 2019, a Bench of the Court discussed the scope of jurisdiction of the appellate Court in setting aside an order of granting bail, ruling, “The two key factors for interfering with such an order are non-application of mind on the part of the Court granting bail or the opinion of the Court in granting bail is not borne out from a prima facie view of the evidence on record”.

Furthermore in the case of Maulana Mohammed Amir Rashadi vs. State of Uttar Pradesh and Another [(2012) 2 SCC 382], a two Judge Bench of the Court refused to intervene with an order of the High Court granting bail to an accused having considered the factual features of that case.

Analysing the High Court order, the Supreme Court’s bench concluded that there was no misguided or improper exercise of discretion on the part of the High Court in granting the bail.  The available materials do not warrant drawing the conclusion that the impugned order suffers from non-application of mind or the justification for granting bail is not borne out from a prima-facie view of the recorded evidence, it added.

The apex court dismissed the appeal ruling, having regard to the circumstances of the case, there was no unlawful or wrong discretion which was exercised by the High Court in granting bail to the accused. Though the alleged offence i.e. murder is in itself grave and serious in nature and also there are several criminal cases pending against the accused. These factors solely cannot be considered as the basis for refusal of granting bail. The Hon’ble High Court has granted bail to the accused upon analyzing relevant facts of the case.


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