Court emphasizes the constitutional rights under Article 21, granting bail with strict conditions to ensure a fair trial and compliance.
In a significant ruling by the Allahabad High Court, Justice Rajiv Lochan Shukla granted bail to Tahir Mewati in Case Crime No. 139 of 2025, citing the constitutional principle that 'bail is the rule and jail is the exception.' The decision was made on May 25, 2026, in the Criminal Misc. Bail Application No. 45467 of 2025, following the rejection of Mewati's previous bail plea in July 2025.
Tahir Mewati, who has been in custody since May 14, 2025, faced grave charges under sections 152, 352, 197(1)(c), and 353(1)(c) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). Despite the charges, the court underscored that his prolonged pre-trial detention violated his fundamental rights under Article 21 of the Indian Constitution. The court noted that no prosecution witnesses had been examined since the charges were framed in November 2025, and the trial was unlikely to conclude soon.
The court's decision aligns with a recent Supreme Court judgment in the case of Syed Iftikhar Andrabi v. National Investigation Agency, which reiterated the importance of balancing statutory provisions with constitutional guarantees of liberty and the presumption of innocence. The Supreme Court had emphasized that detention should be the exception, not the norm, even in cases involving serious allegations.
Granting bail, Justice Shukla imposed several conditions to ensure the integrity of the trial process. Mewati is required to execute a personal bond and provide two reliable sureties. He must not tamper with evidence, engage in criminal activities, intimidate prosecution witnesses, or miss court dates without exemption. The court warned that any breach of these conditions could result in the cancellation of his bail.
The decision mandates the trial court to expedite the trial proceedings, ensuring that justice is served without undue delay. The release order is to be processed through the Bail Order Management System (BOMS) for prompt execution.
This ruling highlights the judiciary's commitment to uphold individual rights while balancing the need for justice in criminal proceedings.
Bottom Line:
Bail is the rule and jail is the exception - Pre-trial detention cannot be indefinite, and the applicant's rights under Article 21 of the Constitution must be upheld.
Statutory provision(s): Criminal Procedure Code, 1973, Article 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita sections 152, 352, 197(1)(c), 353(1)(c).
Tahir Mewati v. State of Uttar Pradesh, (Allahabad) : Law Finder Doc id # 2907335
