Bail orders can't be passed in a mechanical, cryptic manner: HC

An accused went to the high court, contending that the trial court had mechanically rejected their petitions without considering the grounds raised by them

Bail orders cannot be passed in a mechanical manner or by a cryptic order without considering the material aspects of the case, the high court has ruled.

“Bail orders either granting or refusing cannot be passed in a mechanical manner or by a cryptic order, without considering the material aspects of the case. Court is duty-bound to give reasons for granting or denying bail, especially in cases involving serious offences,” Justice Mohammed Nawaz said in a recent order while setting aside a trial court’s order rejecting bail to four persons in a murder case.

Banaswadi police had filed the charge sheet for murder and criminal conspiracy as well as under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The special court rejected the bail petitions of the accused on November 25, 2021.

The accused went to the high court, contending that the trial court had mechanically rejected their petitions without considering the grounds raised by them.

Justice Nawaz said that an appellate court may justifiably set aside the order where a court, considering an application for bail, fails to consider the relevant factors. The bench noted that factors such as the seriousness of the offence, the likelihood of the accused fleeing from justice, the impact of the release of the accused on the prosecution witnesses and the likelihood of the accused tampering with evidence, are the important aspects to be dealt by a court while granting bail.

“The learned special Judge has failed to advert to the various contentions said to have been raised by the counsel appearing for the accused before the trial court. The reasons for rejecting the prayer for bail do not appear to be in accordance with the law. In that view of the matter, the impugned order passed by the trial court is not sustainable in law,” the bench said.

The high court directed the special court to hear afresh the parties concerned and pass orders on the bail application, in accordance with the law, as expeditiously as possible.