Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong The Incarceration: Delhi HC
Mere Vague Belief That Accused May Thwart Investigation Cannot Be A Ground To Prolong Incarceration – Delhi High Court
Background
In several bail matters, the prosecution often argues that if the accused is released, he may hamper the investigation, tamper with evidence, or influence witnesses. However, courts have consistently held that such contentions must be based on concrete material, not mere suspicion or vague belief.
The Delhi High Court reiterated this principle while deciding on a bail application, observing that continued incarceration without solid grounds violates the fundamental right to personal liberty under Article 21.
Key Principle Laid Down
Bail cannot be denied or incarceration prolonged merely because the prosecution assumes that the accused might obstruct investigation.
Such an apprehension must be supported by specific, cogent, and credible material.
Otherwise, it would amount to punitive detention, which is unconstitutional.
Legal Reasoning
Article 21 – Right to Life and Personal Liberty
Detention before conviction is only preventive and temporary.
If there is no strong justification, bail should be granted.
Presumption of Innocence
The accused is presumed innocent until proven guilty.
Bail is the rule, jail is the exception (as held in State of Rajasthan v. Balchand).
Vague Apprehensions Not Enough
The prosecution must show concrete evidence that the accused has either attempted to tamper with evidence or influenced witnesses.
Mere possibility or suspicion is insufficient.
Case Law Support
Gudikanti Narasimhulu v. Public Prosecutor, A.P. (1978)
Justice V.R. Krishna Iyer emphasized that bail should be the rule and jail an exception.
Liberty cannot be curtailed on mere surmises.
Sanjay Chandra v. CBI (2012)
The Supreme Court held that pre-trial detention should not be used as punishment.
Denial of bail cannot be based only on the gravity of the offence.
P. Chidambaram v. Directorate of Enforcement (2019)
The Court observed that mere apprehension that the accused may influence witnesses cannot be a ground for denial of bail unless there is evidence of actual attempts.
Delhi High Court (recent ruling)
The Court reiterated that a vague belief or suspicion that the accused may thwart investigation is not sufficient to deny liberty.
Bail conditions can always be imposed to safeguard the investigation.
Significance of the Judgment
Reinforces the constitutional guarantee of personal liberty under Article 21.
Prevents misuse of incarceration by the State based on assumptions.
Ensures that bail jurisprudence in India remains liberal, in line with the principle that “bail is the rule, jail the exception.”
Balances the interest of the State in investigation with the individual’s right to freedom.
✅ Conclusion:
The Delhi High Court has made it clear that liberty cannot be sacrificed at the altar of vague apprehensions. Unless the prosecution produces specific material evidence showing that the accused is likely to obstruct justice, bail should not be denied. This aligns with the larger constitutional philosophy that pre-trial detention is preventive, not punitive, and personal liberty is the core of Article 21.
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