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Bail Shouldn’t Be Granted Solely Based on Accused’s Undertaking: Supreme Court to High Courts & Trial Courts

01 Aug 2025 3 min read
Bail Shouldn’t Be Granted Solely Based on Accused’s Undertaking: Supreme Court to High Courts & Trial Courts

The Supreme Court of India, in a firm pronouncement on July 31, 2025, held that bail—whether regular under Section 437 or anticipatory under Section 438 of the Code of Criminal Procedure—must be granted strictly based on the merits of the case, and not on any monetary assurance or undertaking by the accused. Criticism of Bail Orders Linked to Deposits The bench of Justice JB Pardiwala and Justice R Mahadevan, while…

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