Dikhyaa Mohanty 
The Supreme Court stated that judges hearing bail petitions are duty-bound to provide sufficient reasons in their orders, especially in matters involving serious offenses and hardened criminals, The Hindu reported.
A bench headed by Chief Justice of India NV Ramana said “There is a recent trend of passing such orders granting or refusing to grant bail, where the courts make a general observation that ‘the facts and the circumstances have been considered. No specific reasons are indicated which precipitated the passing of the order by the court.”
The Supreme Court made the observation while setting aside bail granted to a rape accused by the Rajasthan High Court. The man was accused of raping his minor niece for several years. The accused person had 20 cases pending against him, including those of murder, kidnapping, and dacoity.
The bench further observed- “Reasoning is the lifeblood of the judicial system. That every order must be reasoned is one of the fundamental tenets of our system. An unreasoned order suffers the vice of arbitrariness. Apart from the general observation that the facts and circumstances of the case have been taken into account, nowhere have the actual facts of the case been adverted. There appears to be no reference to the factors that ultimately led the High Court to grant bail.”
The judges added that the High Court had failed to consider the relevant factors while granting bail to a habitual offender.
