Supreme Court Directs Trial Courts and High Courts Not to Grant Bail Relying Solely on Undertakings by Accused
Date: August 2025
Issued by: Dr. Anthony Raju, Advocate, Supreme Court of India
Chairman – Indian National Human Rights Protection Council
The Supreme Court of India has issued a critical directive to all Trial Courts and High Courts across the nation, advising against the practice of granting bail solely based on undertakings made by the accused.
Observation by the Hon’ble Supreme Court:
“In certain cases, perhaps the accused may abide by such undertakings, but based on record, in many instances the accused later violates and flouts the undertaking given to the court.”
This judgment addresses the rising concern over misuse of the bail process, where undertakings are often disregarded post-release, leading to manipulation of justice and delayed trial proceedings.
Key Points of the Supreme Court’s Direction:
1. Undertakings alone cannot form the basis for granting bail.
2. The courts must evaluate the conduct of the accused, seriousness of the offence, and past record.
3. The process of bail must uphold judicial integrity, ensure public safety, and preserve faith in the justice system.
Relevant Legal Provisions:
Section 437, CrPC – Bail in non-bailable offences
Section 439, CrPC – Powers of High Courts and Sessions Courts
Article 21, Constitution of India – Right to Life and Personal Liberty
Legal Opinion – Dr. Anthony Raju, Advocate Supreme Court:
“This direction from the Hon’ble Supreme Court reaffirms the importance of responsible bail jurisprudence. The courts must be cautious and objective, ensuring that bail is not granted lightly, especially when the accused’s intent to comply with the law is doubtful. This is a step toward balancing individual liberty with collective justice.”
For More Details, Legal Assistance, or Public Interest Support:
Dr. Anthony Raju
Advocate, Supreme Court of India
Chairman – Indian National Human Rights Protection Council
Mobile: +91 8588872001 | +91 9873087903
Email: office@humanrightscouncil.in
Website: www.humanrightscouncil.in
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