In a significant ruling reaffirming the principles of personal liberty, the Supreme Court of India set aside the Himachal Pradesh High Court’s decision to cancel the bail granted to Kailash Kumar, an accused in an attempted murder case. The apex court emphasized that the liberty of an individual is a fundamental right under the Constitution and must not be interfered with lightly.
Background of the Case
Kailash Kumar was arrested on June 4, 2022, in connection with FIR No. 51 filed at Police Station Kot-Kehloor, District Bilaspur, Himachal Pradesh. He was accused of causing grievous injury to the complainant (PW1) with an axe, leading to charges under Section 307 read with Section 34 of the Indian Penal Code (IPC). After nearly two years in custody, the Sessions Court granted him bail on August 28, 2024, citing the absence of compelling reasons to keep him in detention.
However, upon a petition filed by the complainant, the Himachal Pradesh High Court, through its order dated January 3, 2025, revoked the bail, prompting Kumar to approach the Supreme Court.
Legal Issues
The Supreme Court was tasked with examining whether the High Court was justified in cancelling the bail despite the absence of any post-bail misconduct by the accused. The key legal considerations included:
Misuse of Liberty: Whether the accused misused his bail, influenced witnesses, or attempted to tamper with evidence.
Trial Delays: Whether the accused engaged in dilatory tactics to delay trial proceedings.
Supervening Circumstances: Whether any new facts emerged post-bail that warranted reconsideration of his release.
Perversity of the Bail Order: Whether the initial grant of bail by the Sessions Court was perverse or illegal, justifying interference by the High Court.
Supreme Court’s Observations and Decision
A bench comprising Justice Dipankar Datta and Justice Manmohan heard the matter. After analyzing the High Court’s reasoning, the Supreme Court found that the lower court had not identified any specific misconduct by the accused post-bail.
The Supreme Court referred to its earlier ruling in Ajwar v. Waseem and Anr. [(2024) 10 SCC 768], which laid down that bail could be cancelled only under certain conditions, including misuse of liberty, threats to witnesses, or tampering with evidence. The Court held that:
“Liberty of an individual being a precious right under the Constitution, the Courts ought to be wary that such liberty is not lightly interfered.”
The Supreme Court also criticized the High Court for engaging in what it termed a “mini-trial” while assessing the bail revocation. It ruled that such an approach was inappropriate at the stage of bail consideration and that mere severity of allegations was not sufficient to cancel bail.
“We are satisfied that there was no valid reason for the High Court to cancel the bail without there being any material to show, even prima facie, that conduct of the appellant post grant of bail has been such that he should be deprived of his liberty.”
Order of the Court
Setting aside the High Court’s order, the Supreme Court restored the bail granted to Kailash Kumar, reaffirming the conditions initially imposed by the Sessions Court. It clarified that the observations made in the judgment would not impact the merits of the trial and directed Kumar to attend proceedings regularly.
Lawyers and Representation
For the Petitioner (Kailash Kumar): Senior Advocate Rajiv Rai, assisted by Subhash Chandran K.R. and Krishna L R.
For the Respondents (State of Himachal Pradesh & Complainant): Additional Advocate General Vaibhav Srivastava, assisted by Sugandha Anand, Amrinder Singh Rana, Vivek R. Mohanty, Ankit Anandraj Shah, Rahul Yadav, and Vishwam Dwivedi.
