Supreme Court of India · 2025-12-08
Salil Mahajan vs Avinash Kumar
- Court
- Supreme Court of India
- Petitioner
- Salil Mahajan
- Respondent
- Avinash Kumar
- Author
- Sanjay Karol
- Bench
- Prashant Kumar Mishra, Sanjay Karol
Judgment text excerpt
The Supreme Court examined the legality of bail granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving serious allegations including misappropriation of over Rs. 3 crore. The High Court had enlarged the accused on bail, which was challenged by the complainant. The Court analyzed whether the bail order was justified given the gravity of the allegations and the statutory provisions involved. Ultimately, the Court upheld the High Court's decision, emphasizing the importance of the presumption of innocence and the discretionary powers under Section 482.