VidhiSangh

Supreme Court of India · 25/01/2022

SUNIL KUMAR versus THE STATE OF BIHAR AND ANR.

[2022] 1 S.C.R. 229 · 2022 INSC 99

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Summary

The Court set aside bail granted to an accused alleged to have participated in a fatal armed assault. The High Court merely accepted counsel’s submissions without reasons addressing the accusation, antecedents, alleged witness pressure or whether a co-accused was similarly situated. Bail discretion required a reasoned assessment of relevant factors. The informant’s appeal was allowed and the accused directed to surrender forthwith.

Issues

  1. Whether the High Court supplied adequate reasons and considered the relevant factors before granting bail.
  2. Whether reliance on another accused’s bail justified parity without examining their respective cases.

Provisions considered

Held

Result

Appeal allowed; bail order set aside and respondent accused directed to surrender forthwith.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 229.