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by Admin
20 April 2026 8:24 AM
“Long Pre-Trial Incarceration and No Post-Bail Misconduct Tilt Balance Against Cancellation”, In a case involving allegations of a broad daylight contract killing, the Supreme Court of India upheld the bail granted to Rinku Bhardwaj alias Prakash Rajbhar, who had spent over six and a half years in prison before being granted bail by the Allahabad High Court.
Dismissing the appeal filed by Usman Ali, the informant and a relative of the deceased, the Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra emphatically held:
“The present is not a case where the discretion of grant of bail exercised by the High Court… should be interfered with.”
The Court reiterated the well-settled principle that cancellation of bail stands on a different and stricter footing than refusal of bail at the initial stage, and such cancellation requires the presence of “cogent and overwhelming circumstances”.
“The Accused Was Not Named in the FIR and Has Not Misused Bail”: Supreme Court Emphasises Evidentiary Weakness at Bail Stage
The original incident involved the murder of a Panchayat Chairman in Chopan, Uttar Pradesh on October 25, 2018, during his morning exercise. The FIR named two individuals, but Rinku Bhardwaj (respondent no.2) was not named in the FIR and was subsequently implicated based on:
Noting the evidentiary limitations of such material at the bail stage, the Court cautioned against over-reliance:
“Respondent No.2 was not named in the FIR but was made an accused on the basis of the oral dying declaration of the deceased and disclosure statement of the co-accused.”
The Court declined to delve into the probative value of such statements at this stage, maintaining that issues of admissibility and credibility must be examined during trial.
“Six and a Half Years of Pre-Trial Custody Without Trial Conclusion Is a Factor in Bail Consideration”: Supreme Court Reiterates Liberty Concerns
The Court highlighted that the accused had been incarcerated since December 2018, and only 13 out of 55 prosecution witnesses had been examined in over six years. The delay in trial became a critical factor in the Court’s decision:
“Considering long pre-trial incarceration of respondent No.2 and the evidence against him, this Court is of the considered opinion that the present is not a case where the discretion… should be interfered.”
Notably, co-accused in the same case had already been granted bail, including one Ravi Kumar Gupta, making a case for parity.
“Cancellation of Bail Requires Supervening Circumstances, Not Just Gravity of Offence”: Apex Court Applies Mahipal and Dolat Ram Principles
Referring to its own precedents, particularly Mahipal v. Rajesh Kumar and Dolat Ram v. State of Haryana, the Court made a clear distinction:
“Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis… Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted.”
The Court noted that the appellant had failed to demonstrate that respondent no.2 misused bail, attempted to evade trial, or interfered with witnesses.
“The High Court passed the impugned order more than a year ago and there is no allegation that, during this period, respondent No.2 has misused the liberty granted to him.”
“Threat Perception Alone, Without Material, Cannot Justify Cancellation of Bail”: Supreme Court Rejects Mere Apprehensions
The appellant had also raised the issue of threat to life, arguing that respondent no.2 wielded local influence and had a criminal history. However, the Supreme Court found no fresh or compelling evidence to support these allegations post-bail:
“Correct facts were not placed before the High Court… however, post-bail conduct assumes greater relevance in a cancellation petition.”
The Court found no supervening circumstances that would warrant revoking the bail.
Bail Cannot Be Cancelled on Mere Allegations After Liberty Has Been Restored
The judgment reinforces the constitutional value of personal liberty and reiterates the strict threshold required for cancelling bail. Even in grave offences like murder, the Court insisted on an individualised analysis, taking into account incarceration period, co-accused parity, and post-bail conduct.
By refusing to mechanically cancel bail solely based on the seriousness of the allegations, the Supreme Court has upheld the principle that bail once granted must not be lightly withdrawn, absent concrete evidence of misuse or threat to fair trial.
Date of Decision: January 30, 2026
