The Supreme Court has laid down the principles regarding appeals against the grant of bail in its judgment in Ashok Dhankad v. State of NCT of New Delhi and Anr [2025 INSC 974]. The Court clarified that an appeal against the grant of bail and an application for the cancellation of bail are distinct concepts involving different parameters.
The Court held that an appeal against the grant of bail can be entertained by a superior court if the bail order was passed without considering relevant factors—such as the gravity of the offence, the impact of the crime, and the possibility of influencing witnesses—or if the order is illegal or perverse.
However, an application for the cancellation of bail must be based on supervening circumstances or a violation of the conditions of bail imposed on the accused. The conduct of the person subsequent to the grant of bail cannot be urged in an appeal against the bail order, but it is a permissible ground in an application seeking the cancellation of bail.
The principles governing an appeal against the grant of bail are outlined as follows:
- An appeal against the grant of bail cannot be considered on the same footing as an application for the cancellation of bail.
- The court concerned must not venture into a threadbare analysis of the evidence adduced by the prosecution. The merits of such evidence must not be adjudicated at the bail stage.
- An order granting bail must reflect an application of mind and an assessment of the relevant factors for the grant of bail that have been elucidated in Y v. State of Rajasthan, Jaibunisha v. Meherban & Ors. and Bhagwan Singh v. Dilip Kumar @ Deepu.
- An appeal against the grant of bail may be entertained by a superior court on grounds such as perversity, illegality, inconsistency with the law, or the failure to consider relevant factors, including the gravity of the offence and the impact of the crime.
- However, a court may not take the conduct of an accused subsequent to the grant of bail into consideration while considering an appeal against such a grant. Such grounds must be raised in an application for the cancellation of bail.
- An appeal against the grant of bail must not be used as a retaliatory measure. Such an appeal must be confined to the grounds discussed above.
