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N. V. RAMANA, KRISHNA MURARI
Manisha – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
N.V. Ramana, CJI.
Leave granted
2. The present appeal has been filed against the final judgment and order dated 20.09.2021 passed in S.B. Criminal Miscellaneous Bail Application No. 14458 of 2021 by the High Court of Rajasthan, at Jaipur, whereby the High Court granted regular bail to respondent no. 2 - accused.
3. The counsel for the appellant-prosecutrix submits that the High Court erred in granting bail to the respondent no. 2 -accused in a mechanical manner without any reasoning. Learned counsel submits that the High Court did not consider the facts of the case before it, more particularly, the gravity of the offences alleged to have been committed by the respondent no. 2 -accused. Additionally, the High Court did not consider that the respondent no. 2 - accused is a hardened criminal with nearly twenty criminal cases pending against him. Under such circumstances, this Court should exercise its jurisdiction under Article 136 of the Constitution and set aside the bail granted to respondent no. 2 - accused.
4. Learned Counsel for respondent no. 1- State supported the submissions of the appellant and submitted that the impugned order is a cryptic one which is liable to be set
The main legal point established in the judgment is the requirement of reasoned bail orders, the considerations for granting bail under Section 439 CrPC, and the importance of judicial discretion and....
The main legal point established in the judgment is the requirement for reasoned bail orders, especially in cases involving serious offenses, and the factors to be considered while granting bail.
(1) Grant of bail requires consideration of various factors which ultimately depends upon specific facts and circumstances of case before Court – There is no strait-jacket formula which can ever be p....
(1) Application for cancellation of bail stands on a different footing than challenging order passed by High Court/Appellate Court releasing accused on bail.(2) Bail cannot be granted without looking....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
The main legal point established is that the discretion to grant bail should be exercised judiciously, considering the seriousness of the offence and the need for proper reasoning in bail orders.
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
Bail – Court deciding bail application cannot completely divorce its decision from material aspects of case such as allegations made against accused and severity of punishment if allegations are prov....
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