VidhiSangh

Supreme Court of India · 23/04/2021

SUDHA SINGH versus THE STATE OF UTTAR PRADESH & ANR.

[2021] 4 S.C.R. 95 · 2021 INSC 271

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Summary

The Court set aside bail granted in a Gangsters Act case because the High Court overlooked serious criminal antecedents, the risk of repeated organised criminal activity and threats to witnesses that had already required trial-court protection. Bail discretion must consider the accused’s liberty together with the safety and liberty of victims and witnesses, and the risk that release will thwart justice.

Issues

  1. Whether bail could stand when criminal antecedents and concrete witness-protection concerns were overlooked.

Held

Result

Appeal allowed; Allahabad High Court order granting bail to the second respondent set aside.

Judgment PDF: Supreme Court of India, [2021] 4 S.C.R. 95.