Judge Dismissal Over Personal Morality: What the Supreme Court Says
The Supreme Court has directed judges not to decide bail applications or adjudicate criminal cases according to their personal morality or views. A bench of Justices Ujwal Bhua and A.A. Chandurkar set aside a Madhya Pradesh High Court order in a sexual-offence case involving a woman from Ratlam, saying personal moral standards cannot be the benchmark for deciding such sensitive matters.
The ruling noted that the High Court’s March 20 reasoning-that granting bail would disturb social order-was unacceptable. The Supreme Court had earlier denied the woman bail on September 23, observing that her release could adversely affect social norms and the victim’s family. In its latest decision, the court clarified that judges must not apply their personal code of morality to such cases.
The woman, a tenant in the victim’s home, was booked under the Bharatiya Nyaya Sanhita, the Protection of Children from Sexual Offences Act, 2012, and the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989. Although she was married, she first faced a case alleging that she had attempted to outrage the modesty of the victim’s husband. The victim’s mother later alleged that the woman had sexually exploited her daughter regularly, prompting the current case.
The accused woman’s lawyer, however, argued that the second case arose from the victim’s relationship with her husband and that the allegations were intended to settle personal scores. After hearing both sides, the Supreme Court observed that the woman had already spent more than a year in judicial custody and required additional time for her trial.
The court directed her to appear before the special court with territorial jurisdiction within seven days. The special court must release her on bail if it considers her release appropriate.
Original Source: https://assam.nenow.in/supreme-court-bail-ruling-rejects-personal-morality-as-a-basis-for-denying-bail-overturning-a-madhya-pradesh-high-court-order-dated-march-20/
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Publish Date: 2026-10-01 07:42:00