VidhiSangh

Supreme Court of India · 17/02/2026

RAKESH MITTAL versus AJAY PAL GUPTA @ SONU CHAUDHARY AND ANOTHER

[2026] 3 S.C.R. 220 · 2026 INSC 161

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The complainant appealed against a High Court order granting bail on grounds of parity to an accused in a large foodgrain-supply cheating and forgery case. The Supreme Court set the bail aside. The High Court had ignored the accused's criminal antecedents, his many aliases and forged identity documents, his absconding after earlier bail, and the fact that the offences alleged, including those under Sections 409 and 467 IPC, were not necessarily triable by a Magistrate.

Issues

  1. Whether the High Court rightly granted bail on parity with co-accused, on the period of custody, on the filing of the chargesheet and on the case being triable by a Magistrate.
  2. Whether a superior court may set aside a bail order that ignores the accused's antecedents and conduct, as distinct from cancelling bail for later misconduct.

Provisions considered

Held

Result

Appeal allowed. The High Court's order of 12.11.2025 granting bail to respondent No. 1 is set aside, and the State is directed to take all necessary measures to expedite the trial.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 220.