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2026 Supreme(All) 93

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
GAUTAM CHOWDHARY, J.
Rohit – Appellant
Versus
State of U.P. and Others – Respondents
Criminal Misc. Bail Application No. 1754 of 2026
Decided On : 20-02-2026

Advocates Appeared:
For the Appellant : Ajay Kumar Kashyap
For the Respondent: Shobh Nath Pal

Bail is not a right but a judicial discretion, requiring careful consideration of evidence and personal liberty interests.

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Bail application - The court examines the legality of granting bail to the appellant and assesses the conditions laid out in the application, emphasizing the necessity for judicial scrutiny in the exercise of discretion concerning bail. (Para 5)

(B) Criminal Law - The court reinforces the principle that the grant of bail is not a matter of right but discretion, which must be exercised judiciously, weighing the considerations of the case at hand. (Para 6)

(C) Human Rights - The court notes the importance of balancing personal liberty against the interest of justice in criminal proceedings. (Para 7)

Facts of the case:
The appellant sought bail in connection with a criminal case lodged against him, arguing for his release based on personal liberty and the absence of substantial grounds for detention.

Findings of Court:
The court underscored that the liberty of individuals must be honored, especially in cases where the evidence against the accused is not compelling.

Issues: The key issue was whether the conditions for granting bail were met in this case.

Ratio Decidendi: The court ruled that approval of bail requires a careful assessment of circumstances surrounding the case as well as the appellant's background, reiterating that the right to bail is contingent upon the unique facts presented.

Result: Bail application granted.

Judgement Key Points

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JUDGMENT :

GAUTAM CHOWDHARY, J.

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