The Supreme Court has cautioned judges against importing personal moral judgments into bail decisions, setting aside an order that linked release to possible effects on social order and the “morals” of a complainant’s family.
The case concerned Kanha, also known as Kanhaiya Singh, who faces allegations under the Bharatiya Nyaya Sanhita, the POCSO Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He had spent more than a year in custody, and five of 15 proposed prosecution witnesses had been examined.
The bench said courts should not impose a presiding judge’s personal values when deciding bail or conducting a criminal trial. It concluded that the remaining proceedings would take time and that continued incarceration was unwarranted.
The accused must be produced before the competent special court within seven days for release on appropriate conditions. The order remains subject to his custody status in a connected appeal.
