Supreme Court judgments on Section 439, Code of Criminal Procedure, 1973

28 judgments, latest first, from 2019 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 439 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

The State of Uttar Pradesh vs Anurudh & Anr

SC · 9 January 2026

[2026] 1 S.C.R. 770 : 2026 INSC 47

Whether u/s.439, CrPC the High Court could have issued directions, mandating age determination test to be conducted in all cases involving the POCSO Act. This larger question involves twin considerations, one on the aspe…

Phireram vs State of Uttar Pradesh & Anr.

SC · 2 September 2025

[2025] 10 S.C.R. 1 : 2025 INSC 1074

Whether the High Court erred in passing the impugned order, by which it disposed of the application filed by the appellantcomplainant seeking cancellation of bail of the accused persons on the ground of threats being adm…

Union of India vs Saleem Khan

SC · 20 August 2025

[2025] 8 S.C.R. 2050 : 2025 INSC 1008

Whether the High Court was justified in granting bail to accused no.11 and rejecting the same of accused no.20.

State of Karnataka vs Sri Darshan Etc.

SC · 14 August 2025

[2025] 9 S.C.R. 194 : 2025 INSC 979

Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.

Amlesh Kumar vs The State of Bihar

SC · 9 June 2025

[2025] 7 S.C.R. 394 : 2025 INSC 810

Whether in the attending facts and circumstances, the High Court could have accepted a submission of the Sub-Divisional Police Officer, to conduct narco-analysis test of all the accused persons (including the appellant)…

Baljinder Singh Alias Aman vs State of Punjab & Anr.

SC · 16 May 2025

[2025] 5 S.C.R. 735 : 2025 INSC 796

Whether the High Court erred in granting bail to the respondentsaccused(s) setting aside the order of the Trial Court by which it declined to grant bail.

Union of India Thr. I.O. Narcotics Control Bureau vs Man Singh Verma

SC · 28 February 2025

[2025] 2 S.C.R. 1534 : 2025 INSC 292

Issue arose whether the contours of s.439 CrPC permit the grant of compensation by the High Court to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances.

Manik Madhukar Sarve & Ors. vs Vitthal Damuji Meher & Ors.

SC · 28 August 2024

[2024] 8 S.C.R. 753 : 2024 INSC 636

Respondent no.1 was released on bail by the High Court for offences punishable under Sections 409, 420, 467, 468, 471 and 120-B of the Penal Code, 1860 and Section 3 of the Maharashtra Protection of Interest of Depositor…

Manish Sisodia vs Directorate of Enforcement

SC · 9 August 2024

[2024] 8 S.C.R. 1061 : 2024 INSC 595

Appellant was incarcerated for around 17 months, trial yet to commence. Bail denied. Whether the trial court and the High Court correctly considered the observations made by this Court with regard to right to speedy tria…

Parvinder Singh Khurana vs Directorate of Enforcement

SC · 23 July 2024

[2024] 7 S.C.R. 979 : 2024 INSC 546

The issue involved in these appeals concerns the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation of…

Ajwar vs Waseem and Another

SC · 17 May 2024

[2024] 5 S.C.R. 575 : 2024 INSC 438

High Court, if justified in exercising jurisdiction u/s. 439(1) Cr.P.C for granting regular bail in favour of the accused persons.

Ramayan Singh vs State of Uttar Pradesh & Anr.

SC · 19 April 2024

[2024] 4 S.C.R. 686 : 2024 INSC 323

Whether the High Court appropriately exercised its discretion under Section 439 of the CrPC while granting bail to the accused persons.

Ms. X vs The State of Maharashtra and Another

SC · 17 March 2023

[2023] 2 S.C.R. 1112 : 2023 INSC 252

Code of Criminal Procedure, 1973 – ss. 437,438 and 439 – Penal Code, 1860 – ss. 354,354-B, 376 and 506 – Anticipatory bail – Cancellation of – A complaint filed by the appellantprosecutrix, against the respondent No.2-ac…

Bhuri Bai vs The State of Madhya Pradesh

SC · 11 November 2022

[2022] 10 S.C.R. 190 : 2022 INSC 1325

Code of Criminal Procedure, 1973: s. 439(2) – Cancellation of bail – Power of – Held: Power of cancellation of bail should be exercised with extreme care and circumspection – Such cancellation cannot be ordered merely fo…

Deepak Yadav vs State of U.P. & Anr.

SC · 20 May 2022

[2022] 4 S.C.R. 1 : 2022 INSC 610

Code of Criminal Procedure, 1973 : s. 439 – Bail – Cancellation of – Accused with the common intention to kill the victim, inflicted gun shot injuries to victim who later succumbed to his injuries – Before death, the vic…

Ms. P vs The State of Madhya Pradesh and Another

SC · 5 May 2022

[2022] 3 S.C.R. 823 : 2022 INSC 514

Code of Criminal Procedure, 1973: s. 439 – Special powers of High Courts and Courts of Sessions regarding bail – Exercise of – Held: High Court or the Sessions Court have wide discretion u/s. 439(1) however, it must be e…

Jagjeet Singh & Ors. vs Ashish Mishra @ Monu & Anr.

SC · 18 April 2022

[2022] 4 S.C.R. 536 : 2022 INSC 427

Code of Criminal Procedure, 1973: ss.2(wa),372, 439 – Victim’s right to be heard – Consideration for granting bail – Lakhimpur Kheri Incident – On 03.10.2021, an annual Dangal (wrestling) competition was organised by res…

Jahir Hak vs The State of Rajasthan

SC · 11 April 2022

[2022] 3 S.C.R. 101 : 2022 INSC 412

Code of Criminal Procedure, 1973: s.439 – Application for anticipatory bail by undertrial prisoner who has undergone 8 years of incarceration – Appellant was arrested in connection with FIR for offences punishable under…

Puran Mal vs State of Haryana & Anr.

SC · 10 March 2022

[2022] 2 S.C.R. 859 : 2022 INSC 297

Code of Criminal Procedure, 1973 – s.439 – Bail – Respondent no.2 was accused of offence u/s.302, IPC – Bail denied by Trial Court – Granted by High Court – On appeal by complainant, held: When the Trial Court has dismis…

Manno Lal Jaiswal vs The State of Uttar Pradesh & Anr.

SC · 25 January 2022

[2022] 1 S.C.R. 990 : 2022 INSC 97

Code of Criminal Procedure, 1973 – ss. 439 and 161 – Bail – Grant of – Appellant lodged FIR against the respondents-accused for murder of his son – Respondents-accused applied for bail – Sessions Courts rejected the said…

Prashant Singh Rajput vs The State of Madhya Pradesh and Anr.

SC · 8 October 2021

[2021] 10 S.C.R. 161 : 2021 INSC 645

Code of Criminal Procedure, 1973: s. 439 – Anticipatory bail in murder case – FIR and the statements under ss. 161 and 164 indicated a specific role in the crime to the two respondents – High Court granted anticipatory b…

Kumer Singh vs State of Rajasthan & Anr.

SC · 20 July 2021

[2021] 6 S.C.R. 539 : 2021 INSC 343

Code of Criminal Procedure, 1973: s.439 – Bail – Prosecution case was that the accused brutally killed brother of the complainant in a pre-planned manner – 26 injuries were found on the body of the victim-deceased and 11…

The State of Kerala vs Mahesh

SC · 19 March 2021

[2021] 2 S.C.R. 964 : 2021 INSC 195

Code of Criminal Procedure, 1973: s.439 – Appeal against grant of bail – Accused-respondent was accused of a heinous and shocking murder of a lady doctor aged about 30 years – Incident alleged to have taken place in the…

Arnab Manoranjan Goswami vs The State of Maharashtra & Ors.

SC · 27 November 2020

[2020] 11 S.C.R. 896 : 2020 INSC 665

Constitution of India – Arts. 226 and 227 – Code of Criminal Procedure, 1973 – s.482 and s.439 – Penal Code, 1860 – s.306 and s. 34 – The appellant was arrested on 04.11.2020 in connection with FIR registered u/s. 306 an…

Parvez Noordin Lokhandwalla vs State of Maharashtra & Anr.

SC · 1 October 2020

[2020] 11 S.C.R. 117 : 2020 INSC 573

Code of Criminal Procedure, 1973 – ss.437, 439 – Bail – Nature of conditions imposed – Right to travel abroad – FIR lodged against appellant in 2014 alleging forgery – Appellant eventually arrested in 2020 – High Court g…

Sushila Aggarwal and Others vs State (NCT of Delhi) and Another

SC · 29 January 2020

[2020] 2 S.C.R. 1 : 2020 INSC 106

Code of Criminal Procedure, 1973 – ss.437, 438, 439 and 167(2) – Order u/s.438 granting anticipatory bail – Life and operation of – Conflicting views of different Benches of varying strength as to whether the protection…

Mahipal vs Rajesh Kumar @ Polia & Anr.

SC · 5 December 2019

[2019] 14 S.C.R. 529 : 2019 INSC 1325

Code of Criminal Procedure, 1973: s.439 – Bail – Complainant’s case was that the victim-deceased was his nephew and was assaulted by the respondents-accused while the deceased and his friend were on their way on a bike –…

P. Chidambaram vs Directorate of Enforcement

SC · 4 December 2019

[2019] 14 S.C.R. 450 : 2019 INSC 1317

Code of Criminal Procedure, 1973: s.439 – Bail – Grant of, in economic offence – In the instant case, CBI registered a case of corruption against some known and unknown suspects including the son of the appellant – Appel…

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