In Brief
In this criminal appeal, the Supreme Court set aside a High Court order granting regular bail to an accused charged with rape and sexual assault of his minor niece. The Court found that the High Court granted bail in a mechanical manner without proper reasoning or application of mind. Although appellate courts are generally slow to interfere with bail orders, the Court held that interference is warranted when the order is perverse, illegal, or unjustified at inception. The Court emphasized that all bail orders, particularly in serious offences, must articulate specific reasons with reference to relevant factors such as the offence's gravity, accused's criminal antecedents, and likelihood of influencing witnesses. The unreasoned order was set aside, and the accused was directed to surrender.
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