The Supreme Court Said That, No Doubt Liberty Is Important But Courts Must Consider Potential Threat To The Witnesses, Victims While Granting Bail To An Accused

Overview

• While cancelling the bail given by the Allahabad Court to the alleged accused of a murder, Supreme Court said that courts should not enlarge history sheeters on bail with a blinkered vision and should also keep in mind the impact of same on the victim and the witnesses and their safety.

Background of the case

• The case, Sudha Singh V. State of U.P, 2018, was filed by the petitioner for the cancellation of bail of the accused.
• In this case, the respondent no.2 was alleged accused of a murder and he was granted bail by the Allahabad High Court via order dated 11.12.2017.
• The Petitioner has approached the Honorable Supreme Court and appealed to quash the order passed by the Allahabad High Court.

Decision by Supreme Court

• The bench said that while granting in bail the courts should keep into consideration the previous records of the accused and the safety of victims, witness and their innocent family members.
• The court also said that, the high court has overlooked certain aspects such as the potential threat to the witness, forcing the trial courts to grant protection.
• The bench also said that the High Court of Allahabad has granted the bail to the accuse on very liberal terms such as the execution of a personal bond to the satisfaction of jail authorities and the furnishing of sureties within a month of his release.
• Finally, the court quashed the impugned order of the Allahabad HC, granting the relief sought by the petitioner.

What do you think, should the bail be granted in such cases or not?

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