SC: Accused must disclose criminal history when seeking bail

The Supreme Court on Wednesday ruled that every accused seeking bail must fully disclose their criminal antecedents through a sworn affidavit to ensure uniformity, transparency, and integrity in bail proceedings. A bench of Justices Ahsanuddin Amanullah and R Mahadevan emphasized that any suppression, concealment, or selective disclosure of material facts amounts to abuse of the legal process and undermines the administration of justice. The Court clarified that bail applications must include all material particulars, including criminal history, pending coercive actions such as non-bailable warrants or proclamation as an offender, FIR number and date, police station, sections invoked, and the maximum punishment prescribed. These disclosures are mandatory at all stages of proceedings. The bench directed the Registrar (Judicial) to circulate the judgment to all High Courts and suggested they examine issuing administrative directions or updating rules to align with the Supreme Court’s guidance. A copy is also to be circulated to the district judiciary. The judgment came while cancelling bail granted by the Allahabad High Court to a man accused of issuing forged degree certificates to lawyers, highlighting the importance of full disclosure in bail matters. @@@