Date of order: 13th February 2025
Justices: Pankaj Mithal & S.V.N. Bhatti
Appellant: Vipin Kumar
Respondent: State of Uttar Pradesh
Appeal: Criminal Appeal No. 726 of 2025 (Arising out of SLP(Crl.) No. 17918/2024)
Lower Court Order: High Court of Judicature at Allahabad rejected Vipin Kumar’s fresh bail application on 31.05.2024 (CRMBA No. 13314/2024).
Background:
- The High Court initially granted bail to Vipin Kumar on 03.10.2023.
- The Supreme Court later canceled this bail order.
- Vipin Kumar filed a fresh bail application before the High Court, which was rejected solely on the ground that the Supreme Court, while canceling the earlier bail, had not granted liberty to file a fresh application.
Arguments:
Appellant’s Contention:
a) There is no legal prohibition on filing a fresh bail application even if an earlier bail was rejected or canceled.
b) The Supreme Court’s cancellation of bail did not explicitly bar a subsequent bail plea.
c) The High Court erred in dismissing the application merely because the Supreme Court did not grant express permission.
Respondent’s Stance:
a) Not explicitly detailed in the order, but the High Court’s rejection implied that without the Supreme Court’s leave, a fresh bail plea was impermissible.
Court’s Conclusion & Decision:
Key Legal Principle:
- A fresh bail application can be filed even if an earlier one was rejected or canceled, unless expressly barred.
- The absence of liberty from the Supreme Court to file a fresh application does not extinguish this right.
Ruling:
- The Supreme Court set aside the High Court’s order dated 31.05.2024.
- The matter was remanded to the High Court for a fresh decision on merits.
- The restored bail application (CRMBA No. 13314/2024) was directed to be listed before the roster Bench on 4th March 2025.
Final Disposition:
- The appeal was disposed of with the above directions.
- All pending applications, if any, were also disposed of.
Key Takeaways:
Doctrine Clarified: Rejection/cancellation of bail does not preclude a fresh application unless specifically prohibited.
High Court’s Error: Dismissal based solely on the absence of liberty from the Supreme Court was unjustified.
Outcome: Vipin Kumar’s bail application will now be reconsidered on its merits by the High Court.
Edited & Reviewed by Neeraj Gogia Advocate
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