Supreme Court on Anticipatory Bail in Serious Offences
Prachi Pratap
Lawyer | Supreme Court & High Courts (India) | Professor (Criminal Law) | AOR Law Firm | TEDx speaker x6 | Offices: Delhi, Mumbai, Lucknow, Washington DC
The Supreme Court has set aside the Patna High Court’s order granting anticipatory bail to four individuals accused in a brutal murder case arising from a neighbourhood property dispute.
A three-judge bench led by Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta observed that anticipatory bail in cases involving serious offences like Sections 302/307 IPC must not be granted mechanically or without judicial reasoning.
The SC called the High Court’s order cryptic and lacking proper analysis, especially when the FIR clearly stated that the victim was assaulted with iron rods and sticks, collapsed, and later died, all in the presence of the informant, his son.
Notably, the Court highlighted:
“The roles attributed to the accused in the FIR indicate they continued to assault even after the victim had collapsed.”
This decision serves as a strong reminder that bail in heinous offences must be backed by sound judicial reasoning, not convenience.
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1moThank you for sharing Ma'am Prachi Pratap
Lawyer | Supreme Court & High Courts (India) | Professor (Criminal Law) | AOR Law Firm | TEDx speaker x6 | Offices: Delhi, Mumbai, Lucknow, Washington DC
1mosuresh kumar Masih Thanks
LLB Candidate at BVIMR | Delhi University Alumna | Aspiring Corporate Legal Professional | Researcher & Advocate for Social Justice
1moI agree with the Supreme Court's view that bail should not be granted easily in very heinous crimes like murder or serious assaults. In such cases, where the law under Sections 103/109 of Bharatiya Nyaya Sanhita (BNS) applies, it feels unsafe to allow anticipatory bail because the offenses are so grave. Courts should not grant bail automatically or mechanically in these brutal crimes, but should really examine the facts, the reasons given in the FIR, and whether judicial reasoning supports it. If courts just grant bail by default in such serious offenses, it could send the wrong signal to society and make victims or witnesses feel less safe. Especially when the evidence shows the accused was present or directly involved, bail should be an exception, not the norm. This judgment helps us realize the huge importance of proper judicial analysis and the need to protect public safety when deciding on bail in heinous cases.
Current Law Student at Department of law Manikyalal verma shramjeevi college,udaipur Dedicated to Pursuing Legal Excellence
2moThanks for sharing, Prachi ma'am
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2moThanks for sharing, Prachi