Wrong to deny bail to accused only because it is murder case: Supreme Court

The Supreme Court on Friday observed that just because a person has been charged with the offence of murder, it would not automatically mean such an accused person must remain jailed without bail until the criminal trial's outcome [Deepak Takhar v. State of Rajasthan].

A Division Bench of Justices Abhay S Oka and Augustine George Masih made the observation while granting bail to a man accused in a murder case.

When the matter was taken up today, the State counsel vehemently opposed the bail plea since there were serious allegations of murder against the accused. The Court, however, disagreed with such an approach.

"It is an absolutely wrong concept in your mind that if a person is charged with murder, he has to remain in jail. This is not correct. We have to look other circumstances as well," Justice Oka said.

The Court proceeded to grant bail after noting that the accused had remained in jail for over a year and since he did not any criminal antecedents.

The case dates back to October 2023, when the bail applicant was accused of causing a collision that lead to the death of a person.

The accused argued that a road accident has been given the shape of a murder and that he has been falsely implicated for such an offence.

He highlighted that inquest report also indicated that even witnesses had said that the death was due to an accident. This was also supported by the post-mortem report of the deceased man, the applicant submitted.

In August this year, the Rajasthan High Court denied bail to the accused citing gravity of the offence. Aggrieved, he had approached the apex court which granted him bail today.

Advocates Abhishek Gupta, Sumer Singh Ola and Nikhil Kumar Singh, appeared for applicant-accused.

Additional Advocate General Sansriti Pathak and advocate S Udaya Kumar Sagar, appeared for the State.

[Live Courtroom Exchange]