Code of Criminal Procedure, 1973: s. 439 – Special powers
of High Courts and Courts of Sessions regarding bail – Exercise of
– Held: High Court or the Sessions Court have wide discretion u/s.
439(1) however, it must be exercised after due application of the
judicial mind and not in a routine manner – Liberty of the individual
has been placed on the high pedestal however, the reasons for
granting bail should be furnished – Absence of cogent reasons and
failure to refer the relevant factors to grant bail can persuade the
appellate court to interfere with the order passed – Bail once
granted, can be cancelled only under supervening circumstances
or when the conduct of the accused is no longer conducive to a fair
trial – On facts, the High Court not justified in exercising its
jurisdiction u/s. 439(1) for grant of regular bail to respondent no.
2-student leader against whom case was registered u/ss. 376(2)(n)
and 506 IPC – High Court granted bail to the respondent no. 2 on
the ground of delay in lodging the FIR, without offering any
plausible explanation for the same – Respondent no. 2 is involved
in four criminal cases – Respondent no. 2 immediately after being
released from jail, took out a procession and mounted hoardings in
the city, with his photographs prominently displayed, celebrating
his release – Captions tagged to his photographs on the social media
highlight the superior position and power wielded by the respondent
No.2 and his family in the society and its deleterious impact on the
complainant – Brazen conduct of the respondent no. 2 has evoked
bona-fide fear in the mind of the complainant that she would not
get a free and fair trial if he remains enlarged on bail and there is a
likelihood of his influencing the material witness – High Court while
granting bail overlooked the relevant material bought on record –
Supervening adverse circumstances also warrant cancellation of
bail – Thus, the order granting bail is quashed and set aside.