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PANKAJ MITHAL, S. V. N. BHATTI
Vipin Kumar – Appellant
Versus
State of U. P. – Respondent
ORDER :
1. Leave granted.
2. Heard learned counsel for the parties.
3. The earlier bail application of the appellant was allowed by the High Court vide order dated 03.10.2023. However, the said order was set aside by this Court. Thereafter, the appellant applied afresh for bail before the High Court and the said application was rejected solely on the ground that Supreme Court of India while canceling the bail granted by the High Court, had not given any liberty to the appellant to file a fresh bail application.
4. There is no prohibition in filing a fresh bail application after the earlier was rejected or cancelled, if granted. This Court in canceling the bail application has not taken away the right ofthe appellant to apply for bail afresh, if the circumstances permit.
5. Filing of a fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right and solely on the ground that the Apex Court had not permitted filing of the fresh bail application, the High Court was not justified in dismissing the bail application.
6. In view of the aforesaid facts and circumstances, the order impugned dated 31.05.2024 passed by the Hi
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Bail – Filing of fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right – Solely on the ground that Apex Court had not ....
Judicial discretion in granting bail must be exercised judiciously, with specific reasons provided, especially when prior applications have been denied.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
Judicial discretion in bail matters must be exercised judiciously, requiring changed circumstances for successive applications.
High Court can entertain bail applications based on new evidence collected during trial, despite prior rejections by the Sessions Court.
The High Court has the authority to grant bail under Section 389(2) despite prior denials by subordinate courts, maintaining concurrent jurisdiction to enhance access to justice.
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