'Need Of Custodial Trial' Is Not A Relevant Aspect While Considering A Bail Application U/Section 439 CrPC : Supreme Court

Setting aside a bail granted to a rape accused, the Supreme Court observed that the 'need of custodial trial' is not a relevant aspect while considering a bail application under Section 439 Cr.P.C.

The relevant aspects which are required to be kept in mind while considering the bail application are seriousness of the offence alleged; material collected during the investigation; statement of the prosecutrix etc., the bench of Justices MR Shah and Hima Kohli observed.

In this case, the allegations against the accused was that he had mixed some substance in the drinks that made the prosecuterix lose consciousness and thereafter, he committed the offence on intoxicating her and subjected her to the sexual act. Allowing his bail application under Section 439 CrPC, the High Court observed that this allegation is a matter of trial and that the accused is in custody from 11.02.2022 and there is no need of further custodial trial. 

In appeal, the Apex Court bench noted that the High Court has not at all considered the seriousness of the allegations and the gravity of the offences alleged against the accused. 

"the High Court has failed to appreciate the allegations in the FIR that immediately on the occurrence, when the prosecutrix/victim regained consciousness, she first went to the hospital and thereafter, tried to lodge the FIR but no complaint was taken. In a case like this, the High Court has not properly appreciated the fact that there could have been some delay (though in the present case, it may not be said that there was any inordinate delay in lodging the FIR) as sometime could have been consumed for the victim/prosecutrix to get out of the shock. Even the said aspect is required to be considered at the time of the trial.", the court said.

The bench set aside the bail order and directed the High Court to reconsider the application afresh. It observed:

"Even the observation that there is no need of further custodial trial is also not relevant aspect while considering the bail application under Section 439 of Cr.P.C. The same may have some relevance while considering the application for anticipatory bail."

Case details

X vs. State of Karnataka | 2022 LiveLaw (SC) 972 | CrA 1981 OF 2022 | 17 Nov 2022 | Justices MR Shah and Hima Kohli 

For Appellant(s) Ms. Jayna Kothari, Sr. Adv. Ms. Anindita Pujari, AOR Mr. Azad Bansala, Adv. Prakriti Rastogi, Adv. Ms. Ayushi Saraogi, Adv.

For Respondent(s) Mr. Shubhranshu Padhi, AOR Mr. Vishal Banshal, Adv. Ms. Rajeshwari Shankar, Adv. Mr. Niroop Sukrithy, Adv. Mr. Mohd. Ovais, Adv. Dr. Aditya Sondhi, Sr. Adv. Ms. Ranu Purohit , AOR Mr. Parashuram A.L., Adv.

Code Of Criminal Procedure, 1973 ; Section 439 - Bail - Rape accused granted bail by the High Court observing that allegations are matter of trial and there is no need of custodial trial - Even the observation that there is no need of further custodial trial is also not relevant aspect while considering the bail application under Section 439 of Cr.P.C. The same may have some relevance while considering the application for anticipatory bail - Relevant aspects which are required to be kept in mind while considering the bail application are: Seriousness of the offence alleged; material collected during the investigation; statement of the prosecutrix recorded under Section 161 of Cr.PC, etc.- HC directed to reconsider the bail application afresh.

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