Supreme Court Overturns Bail for Habitual Offender with Multiple Aliases, Apex Court Criticizes High Court for Granting Bail Without Considering Accused's Criminal History
In a significant ruling, the Supreme Court of India has set aside the bail granted by the Allahabad High Court to Ajay Pal Gupta, also known as Sonu Chaudhary, a habitual offender with an array of criminal charges and multiple aliases. The bench, comprising Justices Sanjay Kumar and K. Vinod Chandran, delivered the judgment on February 17, 2026, in Criminal Appeal No. 957 of 2026, highlighting the oversight of the High Court in granting bail without adequately considering the accused's criminal antecedents and the distinct features of the case.
The appellant, Rakesh Mittal, lodged an FIR against Gupta and others under various sections of the Indian Penal Code, including Sections 406, 419, 420, 467, 468, 471, and 506, alleging criminal conspiracy and fraud amounting to over ?11.5 crore. Despite the High Court's decision to grant bail on the grounds of parity with co-accused and the length of detention, the Supreme Court found this reasoning premature and unsupported by the facts of the case.
Justice Sanjay Kumar emphasized that the High Court's assumption of the case being triable by a Magistrate was unfounded, given the severity of charges such as Sections 409 and 467 IPC, which could warrant life imprisonment. Moreover, the Supreme Court noted that the accused had absconded for over 20 months, manipulated identities, and ignored previous bail conditions, thereby posing a continued threat to societal order.
The judgment underscored the principle that while individual liberty is paramount, it is not absolute and must be balanced against public safety. The Court referenced past judgments to illustrate the necessity of considering the potential harm to society and the integrity of the justice system when evaluating bail applications, especially for repeat offenders.
The ruling mandates the State of Uttar Pradesh to expedite the trial process, ensuring that justice is served promptly. The Supreme Court's decision marks a pivotal moment in reinforcing the scrutiny required in bail proceedings, particularly for those with extensive criminal backgrounds.
Bottom Line:
Grant of bail to a habitual offender with multiple aliases and fake identities, without considering his criminal antecedents and distinctive features of his case, is unsustainable.
Statutory provision(s): Sections 29, 209, 323 of the Criminal Procedure Code, 1973; Sections 406, 409, 419, 420, 467, 468, 471, 506 of the Indian Penal Code, 1860.
Rakesh Mittal v. Ajay Pal Gupta @ Sonu Chaudhary, (SC) : Law Finder Doc id # 2854343
