Delhi HC: Bail granted by Trial Court is full of infirmities, hence, need to be set aside.

Trial Court, in one of the murder case granted bail to accused by placing reliance on CCTV footage to find that Accused was not involved in the incident but the general rule is that there is no need of minute examination of evidence while granting bail. Accused is charged under Sections 302, 308, and 34 of the Indian Penal Code.

Bail granted by Trial Court had been challenged before the Delhi HC, High Court set aside an order of grant of bail. Court observed that order was based on irrelevant material. Court clarified that order granting bail suffers from serious infirmities which results in miscarriage of justice and trial failed to take into consideration the aspect that the offence committed was heinous in nature and that there was every likelihood that accused could temper with evidence and threaten witnesses.

Court further observed that “If the Court granting bail ignores relevant materials indicating prima facie involvement of the accused or takes into account irrelevant material, which has no relevance to the question of grant of bail to the accused, the High Court would be justified in cancelling the bail.”




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