Supreme Court Rejects Simplistic Grounds for Bail in Serious Offense Cases

In a recent legal development, the Supreme Court has challenged the notion that a mere assertion of innocence or an undertaking to participate in a trial is adequate justification for granting bail in serious offenses. The case under scrutiny involved an appeal against the Jharkhand High Court’s decision to grant bail to an individual charged with attempted murder.

The bench, comprising Justices C.T. Ravikumar and PV Sanjay Kumar, unequivocally stated that in cases of a grave nature, claims of innocence or commitments to trial participation cannot serve as standalone reasons for bail. The Court asserted, “Mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot, in such circumstances, be assigned as reasons for grant of bail in a case of serious nature.”

The accused in question faced multiple charges under IPC provisions, including Section 307 (Attempt to Murder) and Section 27 of the Arms Act (Using Arms). Despite being arrested on August 28, 2022, the individual was granted bail by the High Court on January 12, 2023, after asserting innocence and committing to trial participation.

The Supreme Court, however, expressed dissatisfaction with the High Court’s decision, emphasizing that the completion of the investigation, in cases involving attempted murder, cannot be the sole basis for granting bail. The Court stated, “When the offences alleged, inter alia, include one under Section 307, IPC, and the accused concerned is so arraigned with the aid of Section 149, IPC, such submissions, reflected in paragraph or the mere factum of completion of investigation by itself, cannot be the reason(s) for grant of bail without due consideration of the relevant aspects.”

Consequently, the Supreme Court overturned the earlier decision and remanded the case back to the High Court. The Court directed a fresh consideration of the matter in accordance with the legal principles governing such cases.

The legal proceedings pertain to the case titled “THE STATE OF JHARKHAND v. DHANANJAY GUPTA @ DHANANJAY PRASAD GUPTA, Diary No.- 31796 – 2023.”