The Supreme Court has held that courts must refrain from imposing the personal views or value judgments of a presiding judge on questions of morality while deciding bail applications or conducting criminal trials.
A Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar made the observation while allowing the bail plea of a POCSO accused who had been in custody since September 10, 2025 in connection with a case registered in Ratlam, Madhya Pradesh under provisions of the Bharatiya Nyaya Sanhita, POCSO Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The appellant had challenged a March 20, 2026 order of the Madhya Pradesh High Court at Indore rejecting his regular bail application. The High Court had declined bail, observing that releasing him could have ramifications on the social order and the “morals” of the victim’s family. The Supreme Court disagreed with this approach and observed:
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“We are of the view that Courts should refrain from imposing the personal views or value judgment of the Presiding Judge on morality or otherwise while adjudicating a matter relating to bail, or even a criminal trial of an accused.”
The Court also took note of the period of incarceration already undergone by the appellant. It recorded that he had spent more than one year in custody and that the trial would require further time to conclude. The prosecution proposed to examine 15 witnesses, of whom five had already been examined.
The State had opposed bail, pointing out that the prosecutrix was a minor and the allegations were serious. It also informed the Court that the appellant had already been convicted in a connected case arising out of another FIR and that an appeal against that conviction was pending.
Considering the period of custody and the time likely to be taken for conclusion of the trial, the Supreme Court held that a case for bail was made out. It accordingly set aside the High Court’s March 20 order and directed that the appellant be produced before the jurisdictional Special Court within seven days, after which he would be released on bail on appropriate terms and conditions.
