Pending Criminal Cases Without Conviction Can't Alone Justify Denial Of Bail: Delhi High Court

The Delhi High Court has held that the pendency of criminal cases that have not resulted in conviction cannot, by itself, be a ground to deny bail when the other circumstances of the case favour the accused.

Justice Sachin Datta made the observation while granting bail to a man who had been in judicial custody since June 04, 2025, in a case involving allegations of assault and offences under the Bharatiya Nyaya Sanhita (BNS) and the Arms Act.

“The previous involvement of the petitioner in some cases which have not resulted in conviction, cannot, by itself, be a ground to deny bail when the other circumstances of the case otherwise favour the applicant,” the Court observed.

The Court relied on the Supreme Court's judgment in Prabhakar Tewari v. State of U.P., wherein it was held that the gravity of the alleged offence and the pendency of several criminal cases, by themselves, cannot form the basis for refusing bail.

The case arose from an incident when the complainant was allegedly assaulted by four persons near a wine shop in Delhi's Nand Nagri area.

According to the prosecution, the petitioner and another person caught hold of the complainant while two co-accused assaulted him. One of the co-accused allegedly used a knife to inflict injuries.

The petitioner contended that he had not inflicted any injuries on the complainant. It was also pointed out that the knife allegedly used in the assault had been recovered at the instance of the co-accused and not the petitioner.

Accepting the submissions, the Court noted that the petitioner had been in custody for approximately 16 months, the investigation had been completed and the chargesheet had already been filed.

It also noted that charges were framed and the matter was at the stage of prosecution evidence.

The Court observed that the trial was likely to take time to conclude and that no further investigative purpose would be served by keeping the petitioner in custody.

It also noted that the role attributed to the petitioner was distinct from that of the co-accused who allegedly used the knife.

Emphasising that pre-trial detention should not become punishment before conviction, the Court held that the circumstances warranted the petitioner's release on bail.

Accordingly, the Court granted regular bail to the petitioner on furnishing a personal bond of Rs. 25,000 with one surety of the like amount.