Top 5 Criminal & Bail Judgments Every Indian Lawyer Should Read in 2025
Indian courtrooms are the place that has moved more quickly than all others during the past two years in the bail process. Over time, trial courts, High Courts and the Supreme Court have continued to regard bail. This is not a mere procedural afterthought but rather the true constitutional battlefield.
This article will discuss the 5 bail and criminal judgments you must read. This changed the entire legal process, and everyone needs to read these.
1) Mihir Rajesh Shah v. State of Maharashtra (2025)
One of the top 2025 themes is arrest. This has to follow the procedure rather than just suspicion. With Mihir Rajesh Shah, the Supreme Court went on to deal with the question of whether the accused must be given justification for arrest upon being arrested.
Why lawyers should read it
This would be because the huge majority of illegal arrests are not found guilty on points of fact, just process. This ruling helps a defence lawyer say that if a State fails to comply with the arrest warrant. Then detention becomes constitutionally tainted, often leading to bail being granted in your favour.
2) Supreme Court bail dataset insight (2024–2025)
In 2025, a lot of changes have been made in individual judgments. The Supreme Court observes the dataset on bail under the UAPA and PMLA documents. This repeatedly says “Bail is the only option”. The documents also need to be verified.
Why lawyers should read it
Because it teaches strategy. You learn which factors consistently move the needle:
- Extend custody
- Equality
- Complete investigation
- Health/ age
- No tampering with evidence
- Article 21 delay arguments
3) Union of India (ED) v. Kanhaiya Prasad (2025)
The main White collar bail development of 2025 is that the Supreme Court ruled that courts cannot grant bail under PMLA. This can not be done through short cryptic orders that ignore Section 45’s strict conditions.
Why it matters
Many trial courts and even several High Courts. This has fallen into the bad habit of giving just one paragraph’s worth for judges to read through when they are asked to decide whether someone should get bail or not. Now, this case is being used as precedent by ED for challenging bail. Section 45 compliance with it from their side and arguing Section 45 in great detail as well.
4) PMLA bail line (2024 judgment, continued impact in 2025)
During 2025, people continued to return over and over to the Supreme Court’s judgment of 2024. This was especially so when:
- Custody continued into the second year without charges being brought.
- There were no charges
- The case, moving at a snail’s pace.
- Several hundred/thousands were tried or accused together
Why lawyers should read it
The Court noticed incarceration periods of 14 months or more. This is one of the firmest grounds on which to base an argument
5) Bombay High Court on IPC repeal → BNS transition (Bail Application No. 728 of 2025)
The IPC’s repeal and replacement by Bharatiya Nyaya Sanhita (BNS) created confusion in. The replacement Bharatiya Nyaya Sanhita ( BNS ) of the IPC was abolished and causing problems for many prosecution cases.
The Bombay High Court had to take a stand on how courts ought to treat offences and procedure during the ensuing period.
Why it matters
2025 was the year in which the lack of cross-checks saw defence counsel. This is to maintain bail for their clients not on the merits (which did not apply) of the case but simply because police.
Why Choose Us?
For Indian lawyers, the takeaway is clear. In 2025, bail advocacy is no longer a fast process. So we are the best lawyers in Delhi, and our team can handle all these legal cases with care. Contact us and allow us to take care of your case.