1. Bail application — Offences under Section 6, Protection of Children from Sexual Offences Act and Sections 384, 506, Indian Penal Code — Rejection of bail by Trial and High Courts. (Para 2 )
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2025 Supreme(SC) 1481
SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA AND MANOJ MISRA, JJ.
Prashant Mishra - Appellant
Versus
State Of Haryana - Respondent
Criminal Appeal No.36 of 2025 (Arising out of SLP(Crl.) No. 16524 of 2024)
Decided on : 03-01-2025
Important Points
The Supreme Court granted bail to the appellant, taking into account the duration of incarceration (approximately 2 years and 2 months) and the fact that the trial is unlikely to be concluded in the near future.
Subject
Criminal Law - Bail
Act Referred
Headnote
(A) Protection of Children from Sexual Offence Act, 2012 - Section 6 - Indian Penal Code, 1860 - Sections 384 and 506 - Bail application rejected by the Trial Court and High Court for the accused arrested under serious charges - Appellant had undergone 2 years and 2 months of incarceration with no foreseeable trial conclusion - The Supreme Court deemed it appropriate to grant bail subject to conditions set by the Trial Court. (Paras 2-4)
(B) Bail - Granting bail in the interest of justice - Factors such as the duration of incarceration and the likelihood of trial conclusion are critical considerations for bail decisions. (Paras 4)
(B) Bail - Granting bail in the interest of justice - Factors such as the duration of incarceration and the likelihood of trial conclusion are critical considerations for bail decisions. (Paras 4)
Legal Category Hierarchy
Table of Contents
2. Prolonged incarceration of the appellant — Unlikelihood of trial conclusion in the near future — Consideration for release on bail. (Para 4 )
3. Grant of bail is appropriate where the accused has undergone significant incarceration and the trial is unlikely to conclude in the near future. (Para 4 )
4. Appeal allowed — Appellant ordered to be released on bail subject to terms and conditions imposed by the Trial Court. (Para 5 )
5. Under what circumstances can bail be granted based on the duration of custody and trial progress?
Bail may be granted when the accused has undergone significant incarceration and there is no likelihood of the trial being concluded in the near future. (Para 4 )
ORDER :
1. Leave granted.
2. The appellant was arrested on 11.10.2022 in connection with FIR No. 234/2022 registered at Police Station Women NIT Faridabad, Haryana filed under Section 6 of the Protection of Children from Sexual Offence Act, 2012 and Sections 384 and 506 of the INDIAN PENAL CODE , 1860. Thereafter his applications for regular bail were rejected by the Trial Court on 22.12.2022 and 24.05.2023. Ultimately by the order impugned before us, the High Court on 22.05.2024 rejected his bail application being CRM-M-31814 of 2023.
3. Heard the learned counsel appearing for the parties.
4. Having considered the matter in detail and taking note of the fact that the appellant has already undergone incarceration of about 2 years 2 months and the fact that there is no likelihood of the trial being concluded in near future, we consider it appropriate to release the appellant on bail subject to such terms and conditions as may be imposed by the Trial Court.
5. The appeal is allowed accordingly.
