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2026 Supreme(SC) 108

SANJAY KAROL, PRASHANT KUMAR MISHRA
Usman Ali – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Talha Abdul Rahman, AOR Mr. M Shaz Khan, Adv. Mr. Faizan Ahmed, Adv. Mr. Sudhanshu Tewari, Adv. Mr. Rafid Akhter, Adv.
For the Respondent(s): Ms. Charu Singhal, Adv. Mr. Anil Kumar Sinha, Adv. Mrs. Rachna Gupta, AOR Mr. Vikas Upadhyay, AOR Amicus Curie, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The appeal concerns an order by the High Court of Judicature at Allahabad directing the release of respondent No.2 on bail, who is an accused in a criminal case involving serious charges under multiple sections of the Indian Penal Code and the Criminal Law (Amendment) Act (!) .

  2. The appellant argued that respondent No.2 is a dangerous criminal with significant local influence, involved in a high-profile murder using prohibited weapons, and that he has a criminal history. The appellant also expressed concern about threats to the informant's life and alleged that the facts presented to the High Court were incomplete or inaccurate (!) .

  3. The respondent No.2 was not named in the FIR but was implicated based on oral dying declarations and disclosure statements of co-accused. He has been incarcerated for approximately six and a half years, and co-accused in the same FIR have been granted bail (!) .

  4. The court emphasized that bail is a matter of individual liberty and should not be interfered with lightly. It highlighted that the High Court's discretion in granting bail must be exercised with due consideration, especially in cases where the accused has long pre-trial detention and the evidence against him is substantial but not conclusive (!) (!) .

  5. The court noted that the respondent has not misused his liberty during the period since bail was granted and that the circumstances did not justify canceling or refusing bail at this stage. The long incarceration period and the absence of supervening circumstances led the court to conclude that the High Court's decision was appropriate (!) (!) .

  6. Consequently, the appellate court dismissed the appeal, affirming that the discretion exercised by the High Court in granting bail was justified under the circumstances (!) .

These points reflect the court's reasoning regarding the principles of bail, the specifics of the case, and the importance of balancing individual liberty with public interest and justice.


JUDGMENT

PRASHANT KUMAR MISHRA, J.

1. Leave granted.

2. This Appeal calls in question the order dated 22.1.2025 passed by the High Court of Judicature at Allahabad directing release of respondent No.2/Rinku Bhardwaj @ Prakash Rajbhar on bail who is an accused in First Information Report/Case Crime No.238 of 2018 registered at Police Station – Chopan, District – Sonbhadra under Sections 147, 148, 149, 302, 120B and 34 of the Indian Penal Code, 1860 [For short, “the IPC”] and Section 7 of the Criminal Law (Amendment) Act.

3. Vide order dated 19.05.2025, this Court has appointed Shri Abhishek Mohan Goel, learned counsel, as Amicus Curiae (Pro Bono) to assist the Court.

4. We have heard the learned counsel appearing for the parties as well as the learned Amicus Curiae.

5. The learned counsel appearing for the appellant argued that respondent No.2 is a dreaded criminal with huge local influence and is involved in the murder of a panchayat Chairman in a broad daylight using prohibited automatic weapons which was carried out at the behest of respondent No.2. It is further argued that respondent No.2 hired Kashmir Paswan for the assassination of the deceased victim. Respondent No.2 was abscondin

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      Judicial Analysis

      None of the listed cases explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. The descriptions focus on principles and considerations related to bail, but do not mention subsequent judicial treatment that would categorize any of these cases as invalid or overruled.

      [Followed / Affirmed]

      None explicitly mention being followed or affirmed in subsequent rulings.

      [Distinguished / Cited for Principles]

      Mahipal VS Rajesh Kumar @ Polia - 2019 8 Supreme 732: This case discusses the principles involved in bail decisions, emphasizing factors like nature of offence, severity, and the need for appellate courts to be cautious. Its language suggests it is a guiding precedent that may be cited for principles but does not indicate it has been overruled or criticized.

      [Criticized / Questioned / Rejected]

      None of the cases explicitly state that they have been criticized or questioned by subsequent courts.

      [Legal Principles / Guidelines]

      Manjit Prakash VS Shobha Devi - 2008 5 Supreme 265: Highlights that bail rejection is on one footing, but cancellation of bail is harsh, emphasizing the importance of liberty and caution in cancellation. This appears to be a guiding principle rather than a case that has been overruled or rejected.

      Ram Govind Upadhyay VS Sudarshan Singh - 2002 2 Supreme 457: Discusses the unjustified grant of bail in a murder case considering public tranquility and constitutional rights. It presents specific considerations but does not mention subsequent treatment, overrule, or criticism.

      All cases appear to be procedural or doctrinal in nature, and there is no explicit indication of their treatment in later decisions. Since the descriptions do not mention any appellate history, overruling, or criticism, their treatment remains unclear. Therefore, I have classified them all as uncertain in treatment, pending further context or case law history.

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