04/11/2025
Cannot Deny Bail Merely Because Accused Is Resident Of Another State: Himachal Pradesh High Court
Shimla: The Himachal Pradesh High Court has ruled that an accused cannot be denied bail merely because he belongs to another State or country. The Court observed that such reasoning has no place in criminal jurisprudence when all statutory conditions for granting bail are satisfied. The judgment, delivered by Justice Vivek Singh Thakur while hearing a petition under Section 439 of the Code of Criminal Procedure, reaffirmed the principle that personal liberty is a fundamental right protected under Article 21 of the Constitution of India.
The Court noted that the apprehension that an accused may not appear for trial simply because he resides in another State is unfounded in law. It held that this concern can be addressed by imposing appropriate conditions to ensure the presence of the accused during proceedings rather than refusing bail outright. Justice Thakur remarked that bail is the rule and jail is the exception, emphasizing that the object of bail is to secure the presence of the accused at trial, not to punish him before conviction.
The High Court further observed that every accused, irrespective of his domicile or nationality, is entitled to the same constitutional safeguards. It stressed that liberty cannot be curtailed on the basis of speculation or assumptions about the accused’s residence. The ruling reinforces the settled principle that decisions on bail must be based on objective considerations such as the seriousness of the offence, the possibility of tampering with evidence, and the likelihood of the accused attending trial — and not on extraneous factors like where the person lives.
Legal experts have welcomed the judgment as a progressive step in upholding equality before law and ensuring that the right to liberty is not denied on arbitrary or discriminatory grounds. The decision is expected to guide trial courts across the country in maintaining fairness while considering bail for accused persons from other States or countries.
