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Supreme Court of India 2026-02-17 allowed

Rakesh Mittal vs Ajay Pal Gupta @ Sonu Chaudhary and Anr

Bench: 2 — Sanjay Kumar, K. Vinod Chandran

In Brief

A man accused of cheating others of over ₹11 crore through false documents and dishonoured cheques was granted bail by the Allahabad High Court. The Supreme Court set aside that order, finding the High Court had wrongly applied the "parity principle" (treating him like co-accused granted bail) without examining his serious criminal record. The accused had absconded for 20 months, used multiple fake identities, and previously jumped bail in another case. The Court held that liberty cannot be absolute when someone poses a danger to society, and trial courts must examine bail holistically, not mechanically, especially for habitual offenders. The respondent remains in custody pending trial.

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Bail and Custody Criminal Breach of Trust Forgery and Fraud Criminal Conspiracy Habitual Offenders Parity Principle in Bail Judicial Discretion Constitutional Balance between Liberty and Public Order Absconding and Flight Risk Criminal Antecedents

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