GRANT BAIL ONLY FOR GOOD REASON: SUPREME COURT

The Supreme Court while deciding Lokesh Singh Vs. State of U.P. & Ors. on 21st oct, 2008, has said that the bail granted to the accused is liable to be set aside if the adequate reasons for granting it are not laid out by the court.

While dealing with an application for bail, bench comprising Justice Arijit Pasayat and Justice C K Thakker said:there is a need to indicate the order, reasons for prima facie concluding why bail was being granted where an accused was charged of having committed a serious It is necessary for the courts dealing with application for bail to among other circumstances, the following factors also before bail, they are:

1. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence;
2. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant;
3. Prima facie satisfaction of the Court in support of the charge.

Any order de hors such reasons suffers from non-application of mind was noted by this Court, in Ram Govind Upadhyay v. Sudarshan Singh Ors. [(2002) 3 SCC 598], Puran etc. v. Rambilas and Anr. Etc. [(2001) SCC 338)] and in Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu & Anr. [JT 2004 (3) SC 442].

Though a conclusive finding in regard to the points urged by the parties is not expected of the Court considering the bail application, yet reasons is different from discussing merits or demerits. As noted at the stage of granting bail a detailed examination of evidence and
documentation of the merits of the case has not to be undertaken. that does not mean that while granting bail some reasons for prima facie why bail was being granted is not required to be indicated.

The court cancelling the bail of an accused said that at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merits of the case has not to be undertaken. But that does not mean that while granting bail some reasons for prima facie concluding why bail was being granted is not required to be indicated, observed court.

The apex court said that the accused released on bail shall surrender to custody forthwith.

The Lucknow bench of the Allahabad high court had granted bail to an accused facing trial for an alleged murder and Section 120 B of the Indian Penal Code.