Whether Courts can assess the credibility of witnesses while deciding bail applications — Held, Courts, while considering bail, should not assess the credibility of witnesses, as this function lies within the domain of the Trial Court.
Code of Criminal Procedure, 1973 – S.437, S.439 – Whether Courts must apply well settled principles and consider multiple enumerated factors while deciding bail applications — Held, bail jurisprudence is inherently fact specific — Thus, each bail application must be decided on its own merits, in light of the well settled parameters governing grant or denial of bail
Emphasizing that bail jurisprudence is inherently fact-specific, the Court reiterated that each bail application must be decided on its own merits, in light of the well settled on its own merits, in light of the well-settled parameters governing grant or denial of bail.
Per R. Mahadevan, J.
Further, such an approach of the High Court is contrary to the judicial precedents of this court, including Satish Jaggi v. State of Chhattisgarh, Kanwar Singh Meena v. State of Rajasthan, wherein, it was held that courts, while considering bail, should not assess the credibility of witnesses, as this function squarely lies within the domain of the trial Court. Thus, the impugned order of the High Court violates this principle by commenting on the delay in the witness statements and imputing lack of credibility at this stage.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 3528-3534 of 2025
Decided On: 14.08.2025
State of Karnataka Vs. Darshan and Ors.
Hon’ble Judges/Coram:
J.B. Pardiwala and R. Mahadevan, JJ.
Author: R. Mahadevan, J.
Citation: 2025 KHC 6693: 2025 INSC 979, MANU/SC/1098/2025.
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