The Supreme Court has held that when a second bail application is considered after an earlier rejection or cancellation of bail, the court granting bail must clearly record the “change in circumstances” or “fresh grounds” justifying the relief.

A bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh observed:

“While there is no absolute bar against a High Court granting bail to an accused whose bail was previously cancelled by this Court, the grant of bail must be supported by reasons demonstrating either a change in circumstances or the existence of fresh grounds not considered by this Court at the time of cancellation.”

The Court set aside an order of the Allahabad High Court which had granted bail to an accused in an attempt to murder and Arms Act case.

The Supreme Court noted that the High Court failed to consider several crucial aspects, including:

• Earlier rejection of bail by the Trial Court

• Previous proceedings before the Supreme Court

• Allegations that the accused absconded and threatened witnesses after bail cancellation

• CCTV evidence

• Recovery of a country-made pistol at the instance of the accused

The bench reiterated that merely stating “facts and circumstances of the case” without explaining the reasons for granting bail does not amount to a reasoned judicial order. Referring to Mahipal v. Rajesh Kumar, the Court observed that an order ignoring vital material on record becomes “perverse” and liable to be set aside.

The Court also relied on Prasanta Kumar Sarkar v. Ashis Chatterjee, where the Supreme Court laid down important factors for deciding bail, including:

• Prima facie involvement of the accused

• Nature and gravity of offence

• Possibility of absconding

• Threat to witnesses

• Likelihood of repeating the offence

• Possibility of justice being obstructed

Accordingly, the appeal was allowed and the accused was directed to surrender.

The judgment also follows the Supreme Court’s recent ruling in Vasantha versus State of Tamil Nadu, where anticipatory bail granted by the Madras High Court was set aside for failure to record any material change in circumstances after earlier rejection of relief.

Case Title: Mohseen vs The State of Uttar Pradesh & Anr.