New Delhi: The Supreme Court of India has set aside a High Court order that had canceled the bail of an accused in an attempt to murder case, emphasizing that individual liberty, being a fundamental constitutional right, should not be interfered with lightly.
SC Ruling on Bail: Individual Liberty is a Fundamental Right
A bench comprising Justices Dipankar Datta and Manmohan delivered a significant ruling on February 20, 2025, restoring the bail previously granted by the Sessions Court to appellant Kailash Kumar.
The court was hearing Criminal Appeal No. 861/2025, arising from Special Leave Petition (Crl.) No. 713/2025, filed by Kailash Kumar against the State of Himachal Pradesh. It observed, “Liberty of an individual, being a precious right under the Constitution, must be safeguarded. Courts ought to be wary of interfering with such liberty without compelling reasons.”
Supreme Court Slams High Court for Cancelling Bail Without Just Cause
The case pertained to FIR No. 51, dated June 4, 2022, registered at Police Station Kot-Kehloor, District Bilaspur, Himachal Pradesh, for alleged offences under Section 307 read with Section 34 of the Indian Penal Code. The appellant was accused of delivering an axe blow to the complainant’s head.
After being incarcerated for two years, the appellant was granted bail by the Sessions Court on August 28, 2024. However, the complainant successfully moved the High Court for the cancellation of bail, which was granted on January 3, 2025.
The Supreme Court found that the High Court had not identified any misconduct by the appellant post-grant of bail that warranted its cancellation. The court remarked, “The High Court has not referred to a single act by the appellant post-grant of bail that could justify the conclusion that any bail conditions were violated.”
The court criticized the High Court for conducting what resembled a “mini-trial” when assessing the bail cancellation, rather than focusing on relevant considerations such as whether the accused had misused liberty, delayed the trial, influenced witnesses, or tampered with evidence.
Emphasizing the importance of due process, the court stated, “We are satisfied that there was no valid reason for the High Court to cancel the bail without any material to show, even prima facie, that the appellant’s conduct post-bail warranted deprivation of liberty.”
Consequently, the Supreme Court ordered the appellant’s release on the same terms and conditions imposed by the Sessions Court, clarifying that the observations made in its ruling should not be treated as findings on the merits of the case.
The court also directed the appellant to appear before the trial court on scheduled dates unless exempted. Failure to do so without justifiable cause, or any breach of bail conditions, may lead to cancellation of bail by the trial court.
Appearances:
For the Petitioner: Mr. Rajiv Rai, Mr. Subhash Chandran K.R., and Ms. Krishna L.R., Advocates.
For the Respondents: Mr. Vaibhav Srivastava, A.A.G., Ms. Sugandha Anand, AOR, Mr. Amrinder Singh Rana, Adv., Mr. Vivek R. Mohanty, Adv., Mr. Ankit Anandraj Shah, AOR, Mr. Rahul Yadav, Adv., Mr. Vishwam Dwivedi, Adv.
Case Title: Kailash Kumar v. State of Himachal Pradesh & Anr.
