Mahipal vs Rajesh Kumar @ Polia on 5 December, 2019
The High Court had rejected four previous bail applications. There
was no change in circumstances. In this backdrop, the High Court having failed to
notice material circumstances bearing upon the grant of bail to the second
respondent and, as noted above, having proceeded on a palpable erroneous basis,
a case for the setting aside of the order of the High Court has been duly established.
17 In Mahipal v. Rajesh Kumar 4, one of us (Justice DY Chandrachud), speaking
for a two-judge Bench of this Court, after adverting to the precedents on the subject,
enunciated the considerations which must weigh in the determination of whether bail
should be granted: