The Supreme Court cancelled the bail granted to an accused in a violent Meerut case linked to an earlier murder trial, observing that the Allahabad High Court failed to properly consider crucial evidence, including CCTV footage, recovery of a country-made pistol, and allegations of threats to prosecution witnesses.
A Bench of Justice Sanjay Karol and Justice N. Kotiswar Singh held that the High Court’s order suffered from a “manifest error of law” and overlooked important material already on record.
Background of the Case
The case arose from FIR No. 179/2024 registered at Partapur Police Station in Meerut. According to the prosecution, the complainant’s family members were allegedly attacked and threatened by several accused persons who wanted them to compromise in an earlier murder case involving the complainant’s brother.
The Supreme Court noted that the accused persons allegedly intercepted the victims on the road, abused them, and later followed them into their house while armed with weapons including a knife and a country-made pistol.
The prosecution also relied on CCTV footage which, according to the investigation, showed accused Jeeshan arriving on a motorcycle, taking out a pistol from his house, and later moving towards a nearby rooftop from where gunshot sounds were heard.
Investigators further claimed that Jeeshan admitted during investigation that he had fired rounds and later hid the weapon and cartridges. A .315 bore pistol and live cartridge were subsequently recovered at his instance.
Earlier Bail Proceedings
The accused had first obtained bail from the Allahabad High Court in October 2024. However, the Supreme Court cancelled that relief in January 2025, saying the High Court wrongly treated the allegations against him as “vague and general”.
After the cancellation of bail, the accused did not immediately surrender. The trial court later issued a non-bailable warrant and initiated proceedings under Section 82 CrPC before he eventually surrendered around 42 days later.
Despite this, the High Court again granted bail on September 22, 2025, mainly citing delay in lodging the FIR, absence of firearm injuries, and parity with a co-accused.
Supreme Court’s Observations
The Supreme Court found serious flaws in the High Court’s reasoning.
“The impugned order does not advert to the reasons that impelled this Court to cancel bail,” the Bench observed while noting that no fresh circumstances had been shown to justify a second grant of bail.
The Court also rejected the defence argument that delay in surrender was justified because a review petition had been filed.
“The filing of a Review Petition does not operate as an automatic stay upon the original order,” the Bench said.
On the issue of firearm injuries, the Court clarified that absence of bullet injuries alone does not weaken a charge under Section 307 IPC if there is material suggesting an intent to kill.
The Bench further stressed that parity with co-accused cannot be mechanically applied where the allegations and evidence differ.
Court’s Decision
Allowing the appeal, the Supreme Court set aside the Allahabad High Court’s bail order and cancelled the bail granted to accused Jeeshan. The Court directed him to surrender before the trial court immediately, failing which coercive steps including issuance of a non-bailable warrant may be taken.
Case Details
Case Title: Mohseen v. State of Uttar Pradesh & Anr.
Case Number: Criminal Appeal arising out of SLP (Crl.) No. 16696 of 2025
Judges: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
Decision Date: May 22, 2026
