Supreme Court Explains Bail Cancellation: Bail Cannot Be Re-Granted Without Fresh Grounds After Earlier Cancellation

Case Name: Mohseen v. The State of Uttar Pradesh & Anr.

Citation: 2026 INSC 526

Date of Judgment/Order: 22 May 2026

Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Held: The Supreme Court held that once bail granted to an accused has earlier been cancelled by the Supreme Court, a subsequent grant of bail by the High Court must be supported by fresh grounds, changed circumstances, or reasons showing why the earlier cancellation no longer operates against the accused. The Court held that bail cannot be granted by mechanically relying on parity with a co-accused when the accused has a distinct and graver role, such as firing with a firearm and recovery of weapon at his instance. The Court further held that the conduct of the accused after bail cancellation, including failure to surrender, evasion of process, issuance of non-bailable warrant and initiation of Section 82 CrPC proceedings, is a crucial factor while considering fresh bail.

Summary: The appellant-informant challenged the Allahabad High Court’s order granting bail to Respondent No. 2, Jeeshan, in a case arising from FIR No. 179/2024 registered for offences including Sections 147, 148, 149, 452, 307 IPC and Sections 3, 25 and 27 of the Arms Act. The prosecution alleged that the attack was connected with attempts to intimidate the appellant’s family into compromising a murder case concerning the appellant’s brother. Respondent No. 2 was specifically alleged to have brought out a country-made pistol, gone to the roof of an adjoining house and fired multiple rounds, with CCTV footage, eyewitness accounts and recovery of a .315 bore pistol and live cartridge supporting his role. Earlier, the High Court had granted him bail, but the Supreme Court cancelled that bail on 27.01.2025, holding that the High Court had wrongly treated his role as vague and general. Despite that order, Respondent No. 2 did not surrender for about 42 days, leading to issuance of a non-bailable warrant and initiation of Section 82 CrPC proceedings. The High Court again granted him bail mainly on delay in FIR, absence of firearm injury and parity with co-accused Aurangzeb. The Supreme Court held that the High Court ignored the prior Supreme Court order, the accused’s conduct, the CCTV footage, weapon recovery, eyewitness material and the distinguishable role of the co-accused.

Decision: The Supreme Court allowed the appeal, set aside the Allahabad High Court’s order dated 22.09.2025 granting bail to Respondent No. 2, and cancelled the bail granted to him. The Court directed Respondent No. 2 to surrender before the Trial Court forthwith, failing which the Trial Court was directed to take necessary steps, including issuance of non-bailable warrant, to secure his custody. Pending applications were disposed of.