SC Says Bail Cannot Depend on Judge's Moral Views

SC Says Bail Cannot Depend on Judge's Moral Views

The Supreme Court held that judicial decisions on bail must be based on legally relevant considerations and not on the personal moral beliefs or subjective opinions of the presiding judge. In Kanha @ Kanhaiya Singh v. State of Madhya Pradesh & Anr., the accused had been charged with offences under the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST (Prevention of Atrocities) Act. The Madhya Pradesh High Court had rejected his bail application on the ground that granting bail could affect social order and the morals of the victim's family. The Supreme Court found this reasoning legally impermissible. It observed that bail decisions must consider factors such as the nature of the allegations, period of custody, stage of trial, possibility of influencing witnesses and likelihood of delay. The Court also noted that the accused had remained in custody for more than one year and that the trial was likely to take considerable time. It set aside the High Court's order and directed his release on appropriate bail conditions, subject to custody in the connected criminal case. The judgment reinforces judicial objectivity, personal liberty and proper exercise of bail discretion.