The Nagpur Bench of the Bombay High Court recently refused to grant bail to a murder accused from Chandrapur, holding that an individual's right to personal liberty cannot override the larger interests of society, particularly where the accused has a history of serious criminal conduct.
Justice M.M. Nerlikar rejected the bail application of the accused, who has been in judicial custody since January 26, 2024, in connection with a murder case registered at Ramnagar Police Station, Chandrapur.
While acknowledging that the accused had remained incarcerated for over two years and four months and that charges had not yet been framed, the HC Bench held that his criminal antecedents and repeated involvement in grave offences weighed heavily against the grant of bail.
HC Bench further enunciated that, "Personal liberty is a fundamental constitutional value but not an unrestricted right".
Bench added that no individual can claim a freedom that poses a threat to the life and liberty of others.
According to the prosecution, the case relates to the murder of a contractor following disputes over a motorcycle purchased in the deceased's name and the payment of loan instalments. It was alleged that the accused inflicted as many as fourteen injuries on the victim.
Bombay HC Bench further noted that although the accused had been acquitted in four cases, six serious criminal cases remained pending against him. It further observed that he had continued to engage in criminal activities despite having been granted bail in previous matters.
Justice Nerlikar observed that although prolonged custody is a relevant consideration in bail matters, the facts of the present case indicated that the accused posed a significant threat to society.
The bench concluded that the petitioner did not deserve the discretionary relief of bail.
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