1. Bail cancellation by higher court — Subsequent fresh bail application rejected by High Court for lack of explicit liberty to apply. (Para 3 )
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2025 Supreme(SC) 467
ZSUPREME COURT OF INDIA
Pankaj Mithal, S.V.N. Bhatti, JJ.
Vipin Kumar – Appellant
Versus
State of U.P. – Respondent
Criminal Appeal No. 726 of 2025 (Arising out of SLP(Crl.) No.17918/2024)
Decided On : 13-02-2025
Advocates:
Advocate Appeared:
For the Petitioner: Mr. Praveen Chaturvedi, AOR
For the Respondent: Mr. Vikas Bansal, Adv., Dr. Vijendra Singh, AOR, Ms. Apurva Mahndiyan, Adv., Mr. Deepak Goel, Adv., Mr. Krishana, Adv.
Advocate Appeared:
For the Petitioner: Mr. Praveen Chaturvedi, AOR
For the Respondent: Mr. Vikas Bansal, Adv., Dr. Vijendra Singh, AOR, Ms. Apurva Mahndiyan, Adv., Mr. Deepak Goel, Adv., Mr. Krishana, Adv.
IMPORTANT POINT
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 permitted filing of fresh bail application, High Court was not justified in dismissing bail application.
Headnote:
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 [Section 439 of Cr.P.C., 1973] – Bail – There is no prohibition in filing a fresh bail application after earlier was rejected or cancelled, if granted – Filing of fresh bail application, once 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 permitted filing of fresh bail application, High Court was not justified in dismissing bail application – Apex Court in cancelling bail application has not taken away right of appellant to apply for bail afresh, if circumstances permit – Order impugned passed by High Court rejecting bail application of appellant hereby set aside and matter remanded to High Court for decision afresh on merits. (Paras 4, 5 and 6)
Facts of the case:
Earlier bail application of appellant was allowed by High Court vide order dated 03.10.2023. However, said order was set aside by this Court. Thereafter, appellant applied afresh for bail before High Court and said application was rejected solely on the ground that Supreme Court of India while cancelling bail granted by High Court, had not given any liberty to appellant to file a fresh bail application.
Findings of Court:
Criminal Miscellaneous Bail Application No. 13314 of 2024 be restored to its original file and number and may be decided afresh on its own merits.
Result : Appeal disposed of.
Legal Category Hierarchy
Table of Contents
2. Rejection of fresh bail application based on the absence of explicit liberty granted by the Supreme Court while canceling previous bail. (Para 3 )
3. Cancellation of bail does not extinguish the right to apply afresh; High Court cannot reject an application solely due to lack of explicit permission from the Apex Court. (Para 4 , 5 )
4. Filing a fresh bail application after rejection or cancellation is a matter of right, provided circumstances permit, regardless of explicit liberty granted by a higher court. (Para 4 , 5 )
5. Order rejecting bail set aside — Matter remanded to High Court for fresh decision on merits. (Para 6 , 7 , 8 , 9 , 10 )
6. Can a fresh bail application be filed after a previous one was rejected or cancelled?
Yes, there is no prohibition in filing a fresh bail application after an earlier one was rejected or cancelled, provided the circumstances permit. (Para 4 , 5 )
7. Is explicit liberty from the Supreme Court necessary to file a fresh bail application after the Supreme Court cancels a previous bail order?
No, filing a fresh bail application is a matter of right. A High Court is not justified in dismissing such an application solely because the Apex Court did not explicitly permit a fresh filing. (Para 4 , 5 )
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 High Court rejecting the bail application of the appellant is hereby set aside and the matter is remanded to the High Court for decision afresh on merits.
7. The Criminal Miscellaneous Bail Application No. 13314 of 2024 be restored to its original file and number and may be decided afresh on its own merits.
8. The restored application be listed before the roster Bench of the High Court on 4th March, 2025 in the morning. The parties represented today before this Court shall be under an obligation to appear before the roster Bench to enable the Bench to fix a date for hearing.
9. The present appeal is disposed of in the above terms.
10. Pending application(s), if any, shall stand disposed of.
