Plain assertion of innocence by accused is no ground for bail in serious crimes: SC order

Supreme Court clarifies mere claim of innocence or undertaking to participate in trial not grounds for bail in serious cases.

The Supreme Court has held that a plain assertion of innocence or a promise to co-operate in the trial by an accused is no ground to grant bail in a case of a serious nature.

“Mere claim of innocence or undertaking to participate in the trial or contention of absence of specific allegation of any overt act cannot, in such circumstances, be assigned as reasons for grant of bail in a case of serious nature,” a Bench headed by Justice C.T. Ravikumar clarified in a recent order.

The order came in a case from Jharkhand involving charges of attempt to murder (Section 307 IPC) and use of arms.

The accused was arrested in August 2022. He was granted bail by the High court in January 2023 on submitting an undertaking to participate in the trial. He also pleaded innocence.

He had contended that the investigation in the case was complete and he should be released on bail

The top court however said the completion of investigation in a serious offence was not a default ground for bail.

“When the offences alleged, inter alia, includes one under Section 307 IPC… the mere factum of completion of investigation by itself cannot be the reason(s) for grant of bail without due consideration of the relevant aspects,” the top court noted.