Source: Supreme Court 

Why in News? 

A bench of Justice Pankaj Mithal and Justice SVN Bhati held that filing of bail application once an earlier bail application has been rejected is a matter of right.     

• The Supreme Court held this in the case of Vipin Kumar v. State of U.P. (2025).

What was the Background of Vipin Kumar v. State of U.P. Case?  

• The Appellant's earlier bail application was allowed by the High Court on 3rd October 2023. 
• The Supreme Court set aside the High Court's order that had granted bail. 
• The Appellant then filed a fresh bail application before the High Court. 
• The issue before the Supreme Court was whether fresh bail application should be allowed. 

What were the Court’s Observations? 

• The Supreme Court held in this case that filing a fresh bail application after previous rejection/ cancellation is a matter of right. 
• The Supreme Court held that the High Court was not justified in dismissing the bail application merely because the Supreme Court had not specifically permitted filing of a fresh application. 
• The High Court rejected this fresh application solely on the ground that the Supreme Court, while canceling the previous bail, had not explicitly given liberty to file a fresh application. 
• The above argument was rejected by the Supreme Court. 
• The Supreme Court has set aside the High Court's order 31st May 2024 and remanded the matter back to the High Court for decision on merits.

What is Bail under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)? 

• Bail has been defined under BNSS under Section 2 (b): 
  • “Bail” means release of a person 
    • Accused or 
    • Suspected of commission of offence 
  • A person is released on bail from the custody of law: 
    • Upon certain conditions imposed by an officer or Court 
    • On execution by such person of a bond or bail bond. 
• Section 2 (d) defines “bail bond” as an undertaking for release with surety. 
• Section 2 (e) defines “bond” as: 
  • Personal bond or 
  • Undertaking for release without surety

What are the Provisions Governing Bail under BNSS? 

• Chapter XXXV of the BNSS provides for Provisions as to Bail and Bonds. 
• Section 478 to Section 496 of BNSS provides for provisions related to bail. 
• Section 485 of BNSS provides for bond of accused and sureties. 
  • Section 485 (1) provides that: 
    • Before a person is released on bond or bail bond, they must execute a bond for a sum of money. 
    • The amount of the bond is determined by the police officer or Court, based on what they consider sufficient. 
    • When the person is released on bond or bail bond, one or more sufficient sureties must also execute the bond. 
    • The bond contains a condition that the person shall attend at the specified time and place mentioned in the bond. 
    • The person is required to continue attending as directed until otherwise instructed by the police officer or Court. 
    • This provision applies regardless of whether the release is authorized by a police officer or by a Court. 
    • The purpose of the bond is to ensure the person's appearance at required proceedings. 
  • Section 485 (2) provides that where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition.  
  • Section 485 (3) provides that if the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. 
  • Section 485 (4) provides that: 
    • The Court may accept affidavits as proof of facts regarding the sufficiency or fitness of sureties. 
    • If necessary, the Court can choose to hold an inquiry itself to determine surety fitness or sufficiency. 
    • Alternatively, the Court may direct a subordinate Magistrate to conduct the inquiry on surety qualification. 
    • This provision gives the Court flexibility in verifying surety fitness while maintaining proper oversight of the process. 
• Section 486 of BNSS provides for declaration by sureties. 
  • Every person acting as a surety for an accused person's release on bail must make a declaration before the Court. 
  • This declaration must disclose the total number of persons for whom the individual has stood surety (including the current accused) along with all relevant particulars. 
• Section 487 of BNSS provides for discharge from custody 
  • Upon execution of the bond or bail bond, the person for whose appearance it was executed shall be released immediately. 
  • If the person is in jail, the court admitting them to bail must issue a release order to the officer in charge of the jail. 
  • The jail officer, upon receiving this order, is obligated to release the person. 
  • However, this provision does not require the release of a person who is liable to be detained for matters other than the one for which the bond/bail bond was executed.