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Allahabad HC Ignored Antecedents and Gravity of Economic Offences; Supreme Court Sets Aside Bail Granted to Alleged Habitual Fraudster

Allahabad HC Ignored Antecedents and Gravity of Economic Offences; Supreme Court Sets Aside Bail Granted to Alleged Habitual Fraudster

Rakesh Gupta v. Ajay Pal Gupta, [Decided on 17.02.2026]

Supreme Court cancels bail economic offences

The Supreme Court has set aside the bail order passed by the Allahabad High Court in a multi-crore cheating and forgery case, holding that the High Court failed to consider the accused’s criminal antecedents, conduct, and the seriousness of the offences, and had erroneously granted bail on the ground of parity.

Allowing the appeal filed by complainant, the Supreme Court quashed the order dated 12 November 2025, by which bail had been granted to the main accused in FIR registered at P.S. Risiya, Bahraich. The FIR pertains to offences under Sections 406, 409, 419, 420, 467, 468, 471 and 506 IPC, involving alleged cheating of more than ₹6.5 crore.

The Court recorded that the accused had absconded for over 20 months, was arrested only after a reward was declared, and was found in possession of multiple forged Aadhaar cards and a PAN card under different names and parentage. It was further noted that the accused had multiple FIRs registered against him and had earlier misused the liberty of bail by absconding in another case.

The Supreme Court held that the High Court had overlooked relevant and material factors, including the nature of the offences and the antecedents of the accused, and had mechanically applied the principle of parity. Holding the bail order to be unsustainable, the Court directed that the accused remain in custody, while also directing the State to expedite the trial.


Appearances:

For Petitioner(s) : Mr. Manish Goswami, Sr. Adv.; Mr. Rongon Choudhary, Adv.; Mr. Gaurav Shukla, Adv.; Mr. Deshmukh Adith Satish, AOR

For Respondent(s) : Mr. Siddhartha Dave, Sr. Adv.; Mr. Ankit Dhawan, AOR; Mr. Rupraj Banerjee, Adv.; Mr. Mohit Miglani, Adv.; Mr. Namit Saxena, AOR

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Rakesh Gupta v. Ajay Pal Gupta

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