SC Sets Aside Bail Because HC Ignored Criminal Antecedents and Multiple Aliases

Rakesh Mittal Vs Ajay Pal Gupta @ Sonu Chaudhary And Another (Supreme Court of India)

The Supreme Court considered an appeal filed by the complainant challenging the grant of bail to an accused in connection with FIR No. 0568 dated 29.12.2023, registered at Police Station Risiya, District Bahraich, Uttar Pradesh, under various provisions of the Indian Penal Code, including Sections 406, 419, 420, 467, 468, 471, and 506 IPC. The complainant alleged that he had supplied foodgrains to four accused persons but received only ₹5,02,57,000 out of the total amount of ₹11,52,38,156 due to him. Cheques issued for the remaining amount were dishonoured due to insufficient funds. He further alleged that the accused conspired to cheat him by preparing forged documents and using false and fabricated addresses, including Aadhaar cards.

During the proceedings, the Supreme Court noted that the accused had absconded for over one and a half years and was arrested only on 08.08.2025. His earlier bail application was rejected by the Sessions Judge, Bahraich, on 29.08.2025. The Sessions Court also observed that the accused had made a false statement by suppressing the existence of three other FIRs registered against him in Uttar Pradesh and Delhi.

Subsequently, the accused approached the Allahabad High Court seeking bail. The High Court granted bail on 12.11.2025, primarily relying on the principle of parity since co-accused persons had already been granted bail or anticipatory bail. The High Court also noted that the accused had remained in custody for some time, that the chargesheet had been filed, and that the offence was triable by a Magistrate.