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Understanding 'Likely to Commit Offence' in Bail Decisions
In criminal law, the phrase likely to commit offence often determines whether an accused gets bail or remains in custody. This critical factor appears in statutes like the NDPS Act, CrPC, and IPC cases, balancing personal liberty under Article 21 with public safety. Courts assess risk based on evidence, antecedents, and case specifics—not mere allegations. This post breaks down judicial interpretations from key Supreme Court and High Court rulings, helping you grasp when bail is granted or denied.
Disclaimer: This is general information based on case law, not legal advice. Consult a lawyer for your situation, as outcomes vary by facts.
Bail Under NDPS Act: Stringent Twin Conditions
The NDPS Act, 1985 imposes strict barriers for offences involving commercial quantities of narcotics. Section 37 mandates:
- Opportunity for Public Prosecutor to oppose.
- Court satisfaction on two grounds: accused not guilty and not likely to commit any offence while on bail.
Multiple rulings emphasize this. For instance:
bail should only be granted when there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. Nirmal Singh VS State of Himachal Pradesh - 2015 Supreme(HP) 145
In a case with 93.900 kg cannabis recovery, bail was rejected as accused failed the twin tests—prima facie guilt and reoffending risk—despite arguments on procedural lapses like Section 42(2) compliance (held as substantially met via SDPO presence). Ashish Sarkar S/o Sunil Chandra Sarkar VS State of Tripura Rep. by the Secretary, Department of Home - 2018 Supreme(Tri) 206
Key NDPS Bail Rejection Factors
- Commercial quantity: E.g., 4.797 kg opium or 3.441 kg hashish triggers rigour. Courts refuse if no 'reasonable grounds' for innocence. Swaroopsinh Hirsinh Rajput VS State of Gujarat - 2022 Supreme(Guj) 985 Sipahi Kumar VS State of Kerala - 2020 Supreme(Ker) 187
- Antecedents: Prior NDPS involvement (even if acquitted) raises doubts. If the accused is involved in other cases... it is certainly a relevant factor. Sudheer VS State of Kerala
- No prediction possible? One view calls the condition 'humanly impossible', arguing it violates Article 21, but most courts uphold it strictly. Ankush Kumar @ Sonu VS State of Punjab - 2018 Supreme(P&H) 1915
Trial delays or charge-sheet filing alone don't suffice; courts weigh societal risk over custody duration. Bail denied where recovery evidence (e.g., conscious possession) is strong. Chandan S/o Bhanwar Lal Ji Sharma VS State Of Rajasthan - 2024 Supreme(Raj) 487 MANISH BISHT ALIAS BHURA ALIAS BHURIYA Vs STATE OF UTTARAKHAND - 2023 Supreme(Online)(UT) 2000
CrPC Provisions: Anticipatory and Regular Bail
CrPC Section 438 (Anticipatory Bail) grants wide discretion—no fixed duration or surrender mandate post-charge-sheet, per Gurbaksh Singh Sibbia. Limiting it to 'till charge-sheet' curbs liberty under Article 21:
order granting anticipatory bail for a limited duration... is contrary to the legislative intention. Siddharam Satlingappa Mhetre VS State of Maharashtra - 2010 8 Supreme 353
Courts consider if accused is likely to commit offence, but without NDPS-like rigour. Factors include FIR stage, no arrest yet, and no tampering risk. Gurbaksh Singh Sibbia: Sarbajit Singh VS State Of Punjab - 1980 Supreme(SC) 184
CrPC Section 439 (Regular Bail) balances charge seriousness and punishment severity:
In determining whether to grant bail, both the seriousness of the charge and the severity of the punishment should be taken into consideration. Sanjay Chandra VS CBI - 2011 8 Supreme 270
In economic offences (IPC 420 etc., PC Act), bail granted post-investigation if no witness interference feared, despite huge stakes—stringent conditions imposed. Delay violating speedy trial rights (Article 21) favours release. Sanjay Chandra VS CBI - 2011 8 Supreme 270
Preventive Detention Limits
CrPC Section 97 bars Magistrate detention of sui juris persons unless likely to commit offence. Mere family disputes don't justify protective custody. Kulwant Kaur VS State Of Punjab - 1994 Supreme(P&H) 64
CrPC Section 151(3) allows >24-hour detention only if design to commit cognisable offence prejudices public order. Police report must substantiate. Rajesh Ramrao Raut VS State of Maharashtra & others - 2003 Supreme(Bom) 577
Serious IPC Offences: Section 307 and Beyond
IPC Section 307 (Attempt to Murder) is 'heinous' against society—compromise rarely quashes FIR, even under CrPC 482, unless witnesses withdraw post long disputes. Section 320 compounding needs court nod for serious crimes. Narinder Singh VS State of Punjab - 2014 2 Supreme 642
Courts disapprove blanket approvals of prior regimes' lapses in corruption cases (IPC 307, PC Act), quashing sympathetic FIR dismissals. Everyone under law's supremacy, high status irrelevant. State Of Haryana VS Bhajan Lal - 1990 Supreme(SC) 740
In murder conspiracies (IPC 302, 120B), dying declarations admissible if part of 'continuous drama', but time gaps matter. Suicide pleas rejected on medical evidence. Sharad Birdhichand Sarda VS State Of Maharashtra - 1984 Supreme(SC) 181
IPC Section 504 (Intentional Insult) requires insult likely to provoke breach of peace—vague abuse insufficient; needs specificity and mens rea. SRI. SRIDHARA RAO SHINDE v/s STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 7122 Subhash Sharma vs State Of Uttarakhand AND OTHERS - 2025 Supreme(Online)(UK) 1726
Judicial Discretion and Public Interest
Courts exercise power judiciously:
- No mechanical denial: Post-charge-sheet, custody not perpetual; Article 21 demands speedy trial. Sanjay Chandra VS CBI - 2011 8 Supreme 270
- Framing charges: Judicial mind applies early—weak material bars charges. State of Karnataka VS L. Muniswamy - 1977 Supreme(SC) 123
- Elections/Public Order: Article 324 empowers repolls; natural justice key. Mohinder Singh Gill VS Chief Election Commissioner, New Delhi - 1977 Supreme(SC) 350
Key Takeaways:
1. NDPS rigour highest: Prove non-guilt + no reoffending likelihood via credible evidence.
2. General bail: Weigh antecedents, evidence strength, trial delay.
3. Risk assessment: Courts predict based on history, not speculation—prior cases amplify refusal chances.
4. Liberty paramount: Restrictions must be statutory, not judicial inventions.
Understanding 'likely to commit offence' hinges on context—NDPS toughest, others more flexible. Rulings like those in Narinder Singh VS State of Punjab - 2014 2 Supreme 642, Sudheer VS State of Kerala, Goma Ram, S/o. Karna Ram vs State Of Rajasthan, Through Public Prosecutor - 2025 Supreme(Raj) 2291 show courts prioritize evidence over sympathy. For tailored advice, seek professional counsel.
Search Results for ""Likely to Commit Offence": Bail Denial Factors"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
that an incoming Government under all circumstances, should put its seal of approval to all the commissions and omissions of the ... We are afraid if such a view is to be judicially accepted and approved, then it will be tantamount to laying down an alarming proposition ... Hence we are constrained to express our disapproval since the text, tenor and tone of the above observations leave us with the feeling ... Justice requires that ....
1984 0 Supreme(SC) 181 • India - Supreme Court
A.V.VARADARAJAN, SABYASACHI MUKHARJEE, S.MURTAZA FAZAL ALI
,1860 - Section 302, 120-B and 109 read with 201 - Code of Criminal Procedure - Section 313 - Evidence Act - Section 8 and 32 - Offence ... each step directly connected with end of drama would be admissible because entire statement would have to be read as an organic ... whole and not torn from context - Sometimes statements relevant to or furnishing an immediate motive may also be admissible as being ... to commit murder. ... of th....
2014 2 Supreme 642 • India - Supreme Court
K.S.RADHAKRISHNAN, A.K.SIKRI
fructified – In view of settlement no witness likely to turn up to support prosecution – Despite nature of injuries, FIR and the ... 320(1) is applicable to minor offences – Permission of the court is not required – Section 320(2) applies to serious offences and ... (a) Code of Criminal Procedure, 1973 – Section 320 – Compounding of offences – Section ... the IPC including for #H....
1977 0 Supreme(SC) 350 • India - Supreme Court
M. H. BEG, P. K. GOSWAMI, P. N. BHAGWATI, P. N. SHINGHAL, V. R. KRISHNA IYER
Act, large enough powers to give relief to an injured candidate if he makes out a case and such processual emplitude of power extends ... It would be an exercise of power covered by functions under Article 324. ... JURISDICTION UNDER ARTICLE 226 - REPOLL IN AN ENTIRE CONSTITUENCY UNDER ORDER OF ELECTION COMMISSION - CANCELLATION OF ENTIRE POLL ... drafting of legislation would be an interminable p....
1980 0 Supreme(SC) 184 • India - Supreme Court
P. N. BHAGWATI, R. S. PATHAK, N. L. UNTWALIA, Y. V. CHANDRACHUD, O. CHHINNAPPA REDDY
Code of Criminal Procedure 1973, Sec. 438 - Scope of the section - Power of the Court to grant anticipatory bail ... arrested although an FIR or Charge sheet has been filed he may be granted anticipatory bail if the circumstances so permit - The ... under sec. 439 of the Code - No rule for exercise of Judicial constructions can be framed or enumerated - Discretion to be exercised ... the latter are more likely to commit#HL....
1994 0 Supreme(P&H) 64 • India - Punjab and Haryana
A.S.NEHRA
is likely to commit offence. ... has neither committed nor is likely to commit offence. ... a person who is Sui Juris, if that person has neither committed nor is likely to commit offence. ... has committed or is likely to commit any offence." ... , if that person has neither committed nor is likely....
• India - Crimes
K.T.SANKARAN
that the accused is not likely to commit any offence while on bail. ... The expression in sub-clause (ii) is “he is not likely to commit any offence while on bail”. ... one of the ingredients is that the court must be satisfied that the accused is not likely to commit any offence while on bail. ... is not likely to c....
2018 0 Supreme(P&H) 1915 • India - Punjab and Haryana
RAJBIR SEHRAWAT
that the accused would, likely, commit the offence after coming out of the custody, nor would the Court be able to record a satisfaction ... be satisfied that the petitioner is likely to commit any offence after he is released on bail – Petitioner was earlier involved ... there are reasonable grounds for declaring that the accused is not likely to commit ‘any offence#HL....
2015 0 Supreme(HP) 145 • India - Himachal Pradesh
P.S.RANA
the offence and is not likely to commit any offence while on bail. ... the offence and is not likely to commit any offence while on bail. ... of Section 37 of NDPS Act 1985, which prohibits bail for offences involving commercial quantity. ... such offence and that he is not likely to commit ....
2020 0 Supreme(Ker) 187 • India - Kerala
RAJA VIJAYARAGHAVAN V.
applicant is not likely to commit any offence while on bail-Application dismissedStatement of facts:< ... Furthermore, it would not be possible to conclude that the applicant is not likely to commit any offenceResult ... probable causes for believing that the accused is not guilty of the offence charged-It would not be possible to conclude that....
2024 0 Supreme(Kar) 367 • India - Karnataka
M. NAGAPRASANNA
—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two ... The point of distinction between an offence of attempt to commit rape and to commit indecent assault is that there should be some action on the part of the accused which would show th....
2003 0 Supreme(Bom) 577 • India - Bombay
D.B.BHOSALE, V.G.PALSHIKAR
to continue the design to commit, or is likely to commit, the cognisable offence referred to in sub-section (1) after his release; and ... (ii) the circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order. ... of that cognisable offence should be such as is likely to be prejudicial to the maintenance of public order. ... According to the learned Counsel, there is no finding given by the Magistrate that ....
2025 Supreme(Online)(KAR) 7122 • India - High Court of Karnataka
MR JUSTICE S.R.KRISHNA KUMAR, J
It has to be shown that the nature of abusive language or insult is such as is likely to insult a person or to commit breach of peace or commit an offence. ... But, the words of abuse in a particular case might amount to an intentional insult provoking the person insulted to commit a breach of the public peace or to commit any other offence. ... that the person insulted may be provoked so as to cause a breach of the public peace or to commit any othe....
2024 0 Supreme(Raj) 487 • India - Rajasthan
YOGENDRA KUMAR PUROHIT
is not likely to commit any offence while on bail. ... and that he is not likely to commit any offence while on bail." ... alleged and that he is not likely to commit any offence while on bail. ... The High Court has not recorded any finding that the respondent-accused is not prima facie guilty of the offence alleged and that he is not likely to commit the same offence#....
2025 0 Supreme(Raj) 2291 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
YOGENDRA KUMAR PUROHIT
is not likely to commit any offence while on bail. ... and that he is not likely to commit any offence while on bail." ... alleged and that he is not likely to commit any offence while on bail. ... The High Court has not recorded any finding that the respondent-accused is not prima facie guilty of the offence alleged and that he is not likely to commit the same offence#....
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