The Supreme Court has held that judges should not bring their personal views or value judgments about morality into decisions on bail or criminal trials. The observation came while the Court set aside a Madhya Pradesh High Court order refusing bail to Kanha @ Kanhaiya Singh and directed his release subject to appropriate conditions.
Background
Kanha @ Kanhaiya Singh challenged the Madhya Pradesh High Court’s March 20, 2026 order rejecting his regular bail application. He has been in custody since September 10, 2025 in connection with Crime No. 548/2025 registered at Station Road Police Station, Ratlam, under provisions of the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST (Prevention of Atrocities) Act.
According to the prosecution, the appellant was living as a tenant in the victim’s neighbourhood. It was alleged that he had attempted to abduct the victim’s elder sister, following which another criminal case was registered. The present case was subsequently registered after the minor victim allegedly informed her mother that the appellant had sexually exploited her. The appellant disputed the allegations and claimed that the proceedings arose from his relationship with the elder sister.
The Bench of Justice Ujjwal Bhuyan and Justice Atul S. Chandurkar noted that the High Court had refused bail while considering that the appellant’s release could have ramifications for social order and the “morals” of the victim’s family. The Bench found that such personal value judgments should not form the basis of judicial decision-making in bail matters.
The Court observed:
“We are of the view that Courts should refrain from imposing the personal views or value judgment of the Presiding Judge on morality or otherwise while adjudicating a matter relating to bail, or even a criminal trial of an accused.”
The Bench also considered the period already spent in custody. It noted that the appellant had remained incarcerated for more than one year and that the trial would require further time to conclude.
The Supreme Court set aside the Madhya Pradesh High Court’s March 20, 2026 order. The Court directed that Kanha @ Kanhaiya Singh be produced before the concerned Special Court within seven days and released on bail on appropriate terms and conditions.
The bail order was made subject to his custody in the connected criminal appeal challenging his conviction in the earlier case.
The criminal appeal was accordingly allowed.
Case Details:
Case Title: Kanha @ Kanhaiya Singh v. The State of Madhya Pradesh & Anr.
Case Number: Criminal Appeal No. of 2026 arising out of SLP (Crl.) No. 9810/2026
Judge: Justice Ujjwal Bhuyan and Justice Atul S. Chandurkar
Decision Date: September 23, 2026
