Mr. Counsel for the respondent, the FIR specifically names your client with a direct overt act of firing. The post-mortem confirms firearm injuries. The murder weapon was recovered at his instance. Why should he be granted bail?

My Lord, the FIR is only the starting point of the investigation. The post-mortem confirms the cause of death, but does not identify the assailant. The recovery of the weapon is disputed — it was recovered from his uncle's room, not from his personal possession. Moreover, the witnesses are interested witnesses — the informant is the nephew of the deceased, and the other witnesses are the wife and brother of the deceased. Their testimony will be tested at trial. At the stage of bail, the court is only required to make a prima facie assessment. The High Court found that the omission in the inquest report created a prima facie doubt. That is sufficient for grant of bail. This Court should not interfere with the High Court's discretion.

The High Court's order is only four paragraphs long and does not mention the post-mortem report, the recovery, or the witness statements. Is that not a cryptic order?

My Lord, the High Court is not required to write a detailed judgment while granting bail. The order states that 'prima facie' it is a fit case to release the applicant on bail. That indicates that the court considered the material and formed a prima facie view. The order may be brief, but that does not make it perverse. The Supreme Court has repeatedly held that it will not interfere with bail orders unless they are arbitrary or perverse. Here, there is no arbitrariness. The High Court exercised its discretion based on the material before it. This Court should respect that discretion.

The respondent has been in custody since March 2025 — only about 14 months. For a murder charge, that is not excessive. Why should bail be granted?

My Lord, the respondent has been in custody for over a year. The trial is yet to commence. There are many witnesses. The trial will take years. Keeping the respondent in custody for years without trial violates his fundamental right to a speedy trial under Article 21. This Court has consistently held that bail is the rule and jail is the exception. The seriousness of the offence is a factor, but it cannot be the sole factor. The court must balance the interests of the accused with the interests of the community. Here, the respondent has no criminal antecedents. He is not a flight risk. He will abide by any conditions imposed by the court. Bail should be granted.

This Court has remanded the matter for fresh consideration. Do you oppose the direction for your client to surrender within one week?

My Lord, the respondent will, of course, comply with the directions of this Court. However, the respondent respectfully submits that if the matter is being remanded for fresh consideration, the respondent may be permitted to continue on bail pending such fresh consideration. Surrendering and then applying for bail again will cause unnecessary incarceration and hardship. The High Court had found the respondent entitled to bail. Until the High Court reconsiders and passes a fresh order, the status quo may be maintained. Alternatively, this Court may direct that the bail granted by the High Court shall remain in operation for a short period to enable the respondent to seek appropriate orders from the High Court.

For RespondentCriminal Premium

Bail Granted After Considering All Material Circumstances — (2026) INSC 527

The High Court, after considering the facts and circumstances, including the fact that the Panch witnesses did not name the respondent during the inquest, exercised its discretion to grant bail.

Bhagat Singh v. State of Uttar Pradesh — (2026) INSC 527

Core Argument

The High Court, after considering the facts and circumstances, including the fact that the Panch witnesses did not name the respondent during the inquest, exercised its discretion to grant bail. The order, though brief, reflects the court's prima facie view. The Supreme Court should not interfere with a discretionary bail order.

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