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Supreme Court of India 2022-04-19 allowed

Manisha vs State of Rajasthan and Anr

Bench: 2 — N.V. Ramana

In Brief

The Supreme Court set aside bail granted to an accused charged with rape and sexual assault of a minor. The High Court had granted bail without providing any reasoning or addressing critical factors such as the serious nature of the offense, the accused's criminal history (approximately 20 cases), or his influence over the victim as a family member. The Court held that bail orders—especially in heinous crimes—must be reasoned and must clearly address statutory factors. General statements that 'facts and circumstances were considered' are insufficient. The order was cryptic and suffered from non-application of judicial mind, warranting appellate interference.

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Criminal Procedure Bail Rape and Sexual Assault Judicial Reasoning Protection of Minor Habitual Offender Non-Application of Mind Judicial Discretion

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