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Refuses to Cancel Bail of Murder Accused Vishal Over 'Money and Power' Post
The
on Monday declined to cancel the bail granted to murder accused Vishal, who after his release from custody posted a social media video proclaiming that
"money and power can get you anything in this country."
A three-judge bench comprising Justices Vikram Nath, Augustine George Masih, and Sandeep Mehta dismissed the appeal filed by the complainant, Rajbala, holding that the video was merely an expression of relief at regaining
and not evidence that the accused had used illicit influence to secure his freedom.
The case has drawn significant attention in legal circles for its intersection of constitutional rights, social media bravado, and the limits of in bail matters. The bench's oral observations during the hearing provided a window into how the court weighs provocative statements against the fundamental right to a under .
Background: A Land Dispute Turns Deadly
The matter originates from an incident in in Berla village, Haryana, arising from a dispute over the installation of a tin shed. According to the prosecution, Vishal struck a woman with a stick (danda) and then allegedly dealt an axe blow to the head of one Gajanand, who later succumbed to his injuries. Vishal was arrested on , and remained in custody throughout the initial stages of the trial.
His first bail application was rejected by the Additional Sessions Judge in . Four successive bail petitions before the were also turned down. It was only on his fifth attempt, on , that Justice Rajesh Bhardwaj of the High Court granted him regular bail.
High Court's Reasoning: Discrepancies and Concerns
Justice Bhardwaj's order was rooted in two key findings. First, he noted a significant discrepancy between the prosecution's allegations and the postmortem report. The postmortem revealed no incised wounds on the deceased, and the weapon recovered was a stick rather than the axe claimed by the prosecution. This undermined the prosecution's narrative of a deliberate homicidal assault with a deadly weapon.
Second, the High Court observed that all material eyewitnesses had already been examined, and Vishal had spent over three years and five months in . With only 8 of the 31 listed prosecution witnesses examined, the trial was progressing at a sluggish pace. The court held that continued incarceration would violate Vishal's constitutional right to a under Article 21, especially given that the trial was unlikely to conclude in the near future.
The Social Media Post That Sparked the Challenge
Upon his release, Vishal published a video on social media boasting that
"money and power can get you anything in this country."
The complainant, Rajbala, seized upon this statement as evidence that Vishal had used his wealth and influence to obtain bail improperly. She approached the
seeking cancellation of the relief, arguing that the video demonstrated the accused's contempt for the justice system and his ability to subvert it.
During the hearing, the
bench was not persuaded by this argument. The court orally remarked that the accused was
"merely celebrating his regained
."
In a pointed observation, the bench added:
"If he had money and power, he would have never gotten inside. The money was the lawyer's fee."
This remark underscores the court's view that the boastful post was an expression of relief, not a confession of impropriety.
Legal Analysis: Balancing Bail Conditions and Free Speech
The 's decision reinforces several settled principles of criminal jurisprudence. First, . The High Court's grant of bail was based on objective factors: the weakness of the prosecution's , the lengthy , and the slow pace of the trial. These considerations, grounded in Article 21, outweighed any subsequent social media statements.
Second, the court made clear that a bail order cannot be cancelled merely because the accused makes boastful claims after release. The power to cancel bail under is exercised only when there is a or when the accused has . A single social media post, however distasteful, does not constitute such abuse unless it or .
Third, the 's oral observation that the money spent was on legal fees is significant. It implicitly distinguishes between legitimate use of resources to secure legal representation and corrupt influence. The court appears to have drawn a line between hiring competent counsel—which is a constitutional right—and using money to subvert the legal process.
Impact on Legal Practice and the Justice System
This judgment is likely to have a calming effect on litigants who seek to use social media statements as a tool to challenge bail orders. The has signaled that it will not be swayed by provocative posts unless there is concrete evidence of misconduct or violation of bail conditions.
For defense lawyers, the decision reaffirms the importance of documenting trial delays and evidentiary weaknesses when arguing for bail. The High Court's reliance on the postmortem discrepancy and the slow examination of witnesses provides a template for similar applications.
For prosecutors and complainants, the message is that they must present substantial evidence of misuse of bail—such as witness tampering or absconding—rather than relying on social media bravado. The court's emphasis on the right to a also serves as a reminder to trial courts to expedite proceedings in cases involving prolonged custody.
Conclusion
The 's refusal to cancel Vishal's bail is a measured application of constitutional principles. By viewing the accused's video as a celebration of freedom rather than an admission of corruption, the court has upheld the primacy of the right to a and the sanctity of . The case serves as a cautionary tale about the limits of social media evidence in criminal proceedings and reinforces the fundamental tenet that bail is not to be withheld as a punishment, nor cancelled on the basis of words alone.
