Withholding Bail When Court Deemed It Fit To Release Accused Amounts To Punishment: Delhi High Court

The Delhi High Court has held that where a Court deems it fit to release an accused on merits, withholding bail amounts to a punishment.

“Therefore, if a Court on merits deems it fit to release an accused on bail, withholding the aforesaid relief will amount to be considered as a punishment,” Justice Chandra Dhari Singh said.

The Court made the observation while granting regular bail to a public servant, Yudhveer Singh Yadav, in a corruption case registered under Section 7 of the Prevention of Corruption Act, 1988.

Yadav was working on the post of Sub-Inspector in Delhi Police. It was alleged that he demanded and accepted bribe of Rs. 2.5 lakh.

Justice Singh said that Courts ought to bear in mind that in a matter of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the larger interest of the State must be taken into consideration.

“Further, a sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them,” the Court said.

However, it added that it is upon the judicial discretion of the Courts while granting or refusing a bail application and the said discretion shall be exercised with regard to the facts and circumstances of each case.

“Thus, while considering the allegations leveled against an accused, the Courts shall, at the same time, adhere to the the settle principle with regard to “bail is a rule and jail is an exception”, which has been time and again emphasized by various Courts,” the Court said.

Justice Singh noted that the case against Yadav involved the offences wherein maximum imprisonment is upto 7 years and that the investigation qua him was complete.

“Undoubtedly, the allegations levelled against the petitioner are grave in nature and against public morale, however, at the same time, this Court is required to take into account and appreciate the settled law that a bail shall not be withheld as a punishment. It has been enunciated time and again that deprivation of bail must be considered as a punishment and that every man is deemed to be innocent until duly tried and proven to be guilty,” the Court said while granting bail.

Title: YUDHVEER SINGH YADAV v. CENTRAL BUREAU OF INESTIGATION THROUGH SECRETARY GOVERNMENT OF INDIA

Citation: 2024 LiveLaw (Del) 1119

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