Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

Post By 24law
February 16, 2025

Pranav B Prem

The Supreme Court has reiterated that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitted the filing of a fresh bail application. The Court clarified that an accused has the right to file a fresh bail application even if a previous bail plea has been rejected or if bail granted earlier has been canceled. A bench comprising Justice Pankaj Mithal and Justice SVN Bhatti made these observations in Vipin Kumar v. State of U.P., Criminal Appeal No. 726 of 2025 (arising out of SLP(Crl.) No. 17918/2024). The Court held: "Filing of a fresh bail application, once an earlier bail application has been rejected or if granted and thereafter cancelled is a matter of right and solely on the ground that the Apex Court had not permitted filing of the fresh bail application, the High Court was not justified in dismissing the bail application."

Background of the Case

The appellant, Vipin Kumar, was initially granted bail by the High Court on October 3, 2023. However, the Supreme Court later set aside the High Court's order and canceled the bail. Following this, the appellant filed a fresh bail application before the High Court. The High Court, however, rejected the application solely on the ground that the Supreme Court, while canceling the earlier bail, had not explicitly granted the liberty to file a fresh application.

Supreme Court's Observations

The Supreme Court disapproved of the High Court’s approach, making it clear that there is no legal bar preventing an accused from filing a fresh bail plea. It stated: "There is no prohibition in filing a fresh bail application after the earlier was rejected or cancelled, if granted. This Court in canceling the bail application has not taken away the right of the appellant to apply for bail afresh, if the circumstances permit."

The Supreme Court, therefore, set aside the High Court's order dated May 31, 2024, and remanded the matter back to the High Court for fresh consideration on its merits. The Court also directed that: "The Criminal Miscellaneous Bail Application No. 13314 of 2024 be restored to its original file and number and may be decided afresh on its own merits." Additionally, the Supreme Court ordered that the restored bail application be listed before the roster Bench of the High Court on March 4, 2025, for further proceedings.