Bail cannot be denied on the ground that accused has not filed an application for quashing of the FIR or charge-sheet- Supreme Court

Case title: Teesta Atul Setalvad v State of Gujarat

Case No.: Criminal Appeal No. 2022 of 2023

Bench: Hon’ble B.R. Gavai J., Hon’ble A.S. Bopanna J., Hon’ble Dipankar Datta J.

The Hon’ble Supreme Court of India while granting bail to the appellant observed that the factors which are required to be taken into consideration at the stage of grant of bail are- (i) prima facie case, (ii) the possibility of the accused tampering with the evidence or influencing the witnesses and (iii) the possibility of the accused fleeing away from the hands of justice. Also, the gravity and the seriousness of the offence is yet another factor that has to be taken into consideration.

Denying bail on basis that the appellant, after filing of an FIR and filing of a charge-sheet , has neither challenged the same in a proceeding under Section 482 CrPC or under Article 226 of the Constitution of India before the High Court or under Article 32 of the Constitution of India before this Court, such findings are totally perverse, the Hon’ble Court observed as if such observations are to be accepted then no bail at the pre-trail stage could be entertained unless the accused files an application for quashing the proceedings under Section 482 CrPC or Articles 226 or 32 of the Constitution of India.

Read the judgement here : 25725_2023_4_301_45290_Judgement_19-Jul-2023 Teesta Atul Setalvad v State of Gujarat