The Supreme Court has expressed strong concerns about the hesitancy of trial courts to grant bail, underscoring the responsibility of High Courts to act judiciously and uphold principles of justice. This critique came as the apex court reviewed a case where the Allahabad High Court had denied bail to an individual accused in an alleged religious conversion matter.
Addressing the issue, the Bench observed that trial courts often shy away from granting bail, leaving it to higher courts to intervene. “We understand the trial court’s refusal to grant bail, as it rarely musters the courage to do so. But it was expected of the High Court to step up and exercise its discretion judiciously,” the Bench remarked.
The court highlighted that while the decision to grant bail is discretionary, such discretion must align with established legal principles rather than subjective judgments. “Discretion cannot be dictated by personal whims or the gravity of an allegation without substantive backing,” it asserted, calling out the High Court’s rationale for denying bail as lacking sufficient justification.
The Supreme Court emphasized the broader implications of such decisions, suggesting they create an impression of bias or external influence overshadowing judicial principles. “When High Courts decline bail in such cases, it casts a shadow of doubt, as though considerations outside established principles influenced the decision,” the Bench warned.
Reflecting on the systemic challenges, the court noted the irony of repeated judicial training programs that seemingly fail to instill confidence in trial judges to exercise their powers effectively. “Year after year, workshops and seminars emphasize the scope of judicial discretion under Section 439 of the CrPC and Section 483 of the BNSS, yet the reluctance persists,” the court observed.
The Supreme Court lamented the overburdening of higher courts with bail pleas, attributing it to the hesitance of trial courts to act decisively. “This lack of judicial courage at the trial court level has led to an overwhelming number of bail applications in High Courts and, unfortunately, even the Supreme Court,” it noted.
In this specific case, the Bench concluded that the matter should never have escalated to the Supreme Court. It reiterated that trial courts must exercise their authority with the confidence that justice demands.
