Munmun Kaur –
Published On: December 18, 2021 at 21:00 IST
The Supreme Court on 17th December observed that it was not necessary for the Court to give elaborate reasons while granting Bail particularly when a Case is at an initial stage.
A Bench headed by Justice L. Nageswara said that while passing an Order on a Bail Application the Court cannot record elaborate details to give an impression that the case would result in Conviction or Acquittal.
The matter was of an Appeal against the Order of the Patna High Court granting Bail to an Accused in a Murder Case.
The Bench stated, “It is not necessary for a Court to give elaborate reasons while granting Bail particularly when the Case is at the initial stage and the Allegations of the Offences by the Accused would not have been crystallised as such”
The Bench also observed that while considering a Bail Application, the Court needs to exercise its discretion of granting Bail in a judicious manner and in accordance with the settled Principles of Law.
Due consideration has to be given to the factors such as nature of the Allegation, the severity of Punishment if the Allegation is proved to be true, Criminal Antecedents of the Accused, reasonable apprehension of Witness tampering or Evidence tampering, and a prima facie satisfaction of the Court in support of the Charge against the Accused, to decide on Bail.
The Apex Court also observed that although the liberty of an individual is an invaluable Right while considering a Bail Application, Courts cannot lose sight of the seriousness of the Allegations against the Accused.
Also Read: Madras High Court rejects Anticipatory Bail of Rajenthra Bhalaji