TaxTMI 
TaxTMI 
2026 (2) TMI 1483
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....Court of Judicature at Allahabad [Hereinafter referred to as "the High Court"] in Criminal Miscellaneous Bail Application No. 22824 of 2025, whereby the High Court granted bail to Respondent No. 2, Mazahar Khan, in connection with FIR No. 314 of 2024 registered at Police Station Saray Khwaja, District Jaunpur, Uttar Pradesh, for offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code, 1860 [For short, "IPC"]. FACTUAL BACKGROUND 3. The prosecution case, as borne out from the record, is that FIR No. 314 of 2024 dated 23.08.2024 was lodged by the complainant alleging the existence of a large-scale organised scam and racket involving fabrication and circulation of forged legal qualifications and academic certificates, particularly within the State of Uttar Pradesh. It is alleged that under the said racket, individuals were falsely projecting themselves as advocates and were appearing before this Court as well as various High Courts. 4. The specific allegations against Respondent No. 2 are that he had been continuously residing in the State of Maharashtra for substantial periods, including between the years 2016 and 2019. During the said period, R....
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....rial evidence available on record and proceeded on false, misleading and suppressed facts presented on behalf of the said respondent. It was contended that Respondent No. 2 deliberately concealed the existence of as many as nine FIRs registered against him in order to secure a favourable bail order. The allegations in these FIRs relate to serious offences including forgery, cheating, sexual harassment, criminal intimidation, theft, trespass and rioting. 7.1. It was further submitted that the High Court committed a manifest error in placing reliance on a copy of the result with marks downloaded from an online verification portal, which was produced by Respondent No. 2 to substantiate his claim of possessing a valid LL. B degree. Respondent No. 2 is, in fact, accused of having forged the marksheets and degree pertaining to the very same result. Even otherwise, the downloaded marksheet itself contains a categorical disclaimer that it cannot be treated as an original marksheet. This vital and material aspect was completely overlooked by the High Court while exercising its jurisdiction. 7.2. The learned counsel submitted that the High Court failed to take into consideration the le....
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....dent No. 2 secured admission into an LL. M. programme at Sandip University, Nashik, by once again relying upon the very same forged and fabricated LL. B. degree. 7.7. The learned counsel pointed out that despite a specific direction issued by this Court vide order dated 22.09.2025, Respondent No. 2 disclosed only four out of the nine FIRs in his counter affidavit. Further, in the petition filed before the High Court seeking quashing of the present FIR, Respondent No. 2 falsely asserted that he had no criminal antecedents. In the said petition, he portrayed himself as a practising advocate of this Court in order to trivialise the allegations and claim reputational injury. Contradictorily, in the bail application filed before the High Court, Respondent No. 2 stated that he does not practise as an advocate in any court of law, thereby clearly approbating and reprobating to suit his convenience. 7.8. It was further submitted that the State Bar Council of Maharashtra and Goa, after issuance of notice by this Court in the present proceedings, removed the enrolment of Respondent No. 2 and debarred him from practice as an advocate. 7.9. The learned counsel submitted that the Bomba....
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....e to be registered on the basis of a complaint lodged by the appellant against Respondent No. 2 and two others, alleging the existence of an organised racket involving forged LL. B. degrees and fabricated marksheets. 8.2. The learned counsel submitted that Respondent No. 2 is a history sheeter, with as many as nine criminal cases pending against him. 8.3. It was further submitted that the investigation has unearthed grave and serious allegations against Respondent No. 2, which are substantiated by official communications issued by statutory and academic authorities. Veer Bahadur Singh Purvanchal University, Jaunpur, Uttar Pradesh, vide its letter dated 10.08.2024 addressed to the appellant, categorically informed that Sarvodaya Group of Institutions was not affiliated with the said University and that the marksheet relied upon by Respondent No. 2 was never issued by the University. Further, Sarvodaya Vidyapeeth Mahavidyalaya, Mirganj, Jaunpur, vide its letter dated 09.05.2025 addressed to the Investigating Officer, stated that the college was granted recognition only for certain Bachelor of Arts courses by Veer Bahadur Singh Purvanchal University, and that it does not offer a....
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....ence, intimidation or influence of witnesses, likelihood of absconding, or violation of bail conditions. According to the learned counsel, none of these circumstances arise in the present case. 9.2. It was contended that the record does not disclose any material suggesting a likelihood of tampering with evidence, nor has any perversity or patent illegality in the impugned order been demonstrated so as to justify interference by this Court under Article 136 of the Constitution. The bail granted by the High Court is neither arbitrary nor perverse and has been passed after due consideration of relevant factors, including the absence of any custodial necessity. 9.3. The learned counsel further submitted that Respondent No. 2 has not misused the liberty granted to him, has scrupulously complied with the bail conditions, and has neither intimidated witnesses nor obstructed the administration of justice. It was urged that Respondent No. 2 has cooperated throughout the investigation, poses no flight risk, and has not committed any offence while on bail. It was submitted that mere reiteration of allegations contained in the FIR cannot constitute a valid ground for cancellation of bail....
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....iminal antecedents on the part of Respondent No. 2. Such an approach strikes at the very foundation of settled bail jurisprudence. LEGAL PRINCIPLES GOVERNING ANNULMENT / CANCELLATION OF BAIL 13. It is trite that while personal liberty occupies a position of high constitutional value, an order granting bail does not enjoy immunity from appellate scrutiny where it is shown to be arbitrary, perverse, or passed in disregard of material considerations. The discretion to grant bail, though wide, is structured by well-settled legal principles and is neither uncanalised nor unfettered. 14. In State of Karnataka v. Sri Darshan Etc. [2025 SCC OnLine SC 1702], and Yogendra Pal Singh v. Raghvendra Singh @ Prince and another [2025 SCC OnLine SC 2580], this Court authoritatively clarified that cancellation of bail on account of post-bail misconduct stands on a fundamentally different footing from annulment of a bail order which is itself unjustified or legally unsustainable at its inception. An order granting bail is liable to be interfered with where it reveals reliance on irrelevant considerations, ignores relevant material, or suffers from perversity without the necessity of waiting ....
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....] 27. It is equally well settled that bail once granted, ought not to be cancelled in a mechanical manner. However, an unreasoned or perverse order of bail is always open to interference by the superior court. If there are serious allegations against the accused, even if he has not misused the bail granted to him, such an order can be cancelled by the same Court that has granted the bail. Bail can also be revoked by a superior court if it transpires that the courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order. In P v. State of M.P. [(2022) 15 SCC 211] decided by a three-Judge Bench of this Court [authored by one of us (Hima Kohli, J.)] has spelt out the considerations that must weigh with the Court for interfering in an order granting bail to an accused under Section 439(1) CrPC in the following words: (SCC p. 224, para 24) '24. As can be discerned from the above decisions, for cancelling bail once granted, the court must consider whether any supervening circumstances have arisen or the conduct of the accused post grant of bail demonstrates tha....
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....ses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail.' 7. In Mahipal v. Rajesh Kumar [(2020) 2 SCC 118 : (2020) 1 SCC (Cri) 558], this Court opined as under: (SCC p. 125, para 16) '16. The considerations that guide the power of an appellate court in assessing the correctness of an order granting bail stand on a different footing from an assessment of an application for the cancellation of bail. The correctness of an order granting bail is tested on the anvil of whether there was an improper or arbitrary exercise of the discretion in the grant of bail. The test is whether the order granting bail is perverse, illegal or unjustified. On the other hand, an application for cancellation of bail is generally examined on the anvil of the existence of supervening circumstances or violations of the conditions of bail by a person to whom bail has been granted.' 8. In Bhagwan Singh v. Dilip Kumar [(2023) 13 SCC 549 : 2023 INSC 761], this Court, in view of Dolat Ram v. State of Haryana [(1995) 1 SCC 349 : 1995 SCC (Cri) 237] ; Kashmira Singh v. Duman Singh [(1996) 4 SCC 693 : 1996 SCC (Cri) 844] and X v. S....
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...., the conduct of the accused while on bail, any attempt on the part of the accused to procrastinate, resulting in delaying the trial, any instance of threats being extended to the witnesses while on bail, any attempt on the part of the accused to tamper with the evidence in any manner. We may add that this list is only illustrative and not exhaustive. However, the court must be cautious that at the stage of granting bail, only a prima facie case needs to be examined and detailed reasons relating to the merits of the case that may cause prejudice to the accused, ought to be avoided. Suffice it is to state that the bail order should reveal the factors that have been considered by the Court for granting relief to the accused. 29. In Jagjeet Singh v. Ashish Mishra, [(2022) 9 SCC 321 : (2022) 3 SCC (Cri) 560], a three-Judge Bench of this Court, has observed that the power to grant bail under Section 439 CrPC is of wide amplitude and the High Court or a Sessions Court, as the case may be, is bestowed with considerable discretion while deciding an application for bail. But this discretion is not unfettered. The order passed must reflect due application of judicial mind following ....
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.... Court on grounds such as perversity; illegality; inconsistency with law; relevant factors not been taken into consideration including gravity of the offence and impact of the crime; (v) However, the Court may not take the conduct of an accused subsequent to the grant bail into consideration while considering an appeal against the grant of such bail. Such grounds must be taken in an application for cancellation of bail; and (vi) An appeal against grant of bail must not be allowed to be used as a retaliatory measure. Such an appeal must be confined only to the grounds discussed above." (emphasis supplied) 8. We deem it appropriate to advert to the exposition of law, in Vipan Kumar Dhir v. State of Punjab [(2021) 15 SCC 518], where while setting aside the grant of anticipatory bail this Court observed: "11. In addition to the caveat illustrated in the cited decision(s), bail can also be revoked where the court has considered irrelevant factors or has ignored relevant material available on record which renders the order granting bail legally untenable. The gravity of the offence, conduct of the accused and societal impact of an undue indulgence b....
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....ers. APPLICATION TO THE PRESENT CASE 20. The criminal proceedings arise out of FIR No. 314 of 2024 dated 23.08.2024 lodged by the complainant, who is related to Respondent No. 2 and is stated to be his sister-in-law. It is not in dispute that there are existing disputes between the parties relating to ancestral and family property, and that civil proceedings in that regard are pending. 21. It is alleged in the FIR that Respondent No. 2 had been projecting himself as possessing a Bachelor of Laws (LL.B.) degree purportedly issued by Sarvodaya Group of Institutions, which was claimed to be affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur, Uttar Pradesh. 22. According to the prosecution, the law degree and marksheet are forged and fabricated, and Respondent No. 2 deliberately relied upon such documents to falsely project himself as a law graduate. It is further alleged that on the strength of these forged credentials, he appeared before this Court and other Courts. The accusations extend beyond personal use and include allegations that Respondent No. 2 was actively involved in preparing, using and circulating forged degrees and certificates for others as w....
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....ases registered against Respondent No. 2 are as follows: S.NO FIR DETAILS STATUS 2. FIR No. 62/2025 dated 26.03.2025 registered u/s 318(4), 318(2), 336(3), 340(2) and 3(5) BNS at Begampura Police Station, Chhatrapati Sambhaji Nagar Bail Granted (Pending) 3. FIR NO. 232/2025 dated 06.06.2025 registered u/s 318, 319(2), 3(5) BNS and s. 3 and 5 of the Maharashtra University, Board and other specified examinations (Prevention of Malpractices) Act, 1982 at Khultabad Police Station, Aurangabad Rural Bail Granted (Pending) 4. FIR No. 314/2024 dated 23.08.2024 registered u/s 419, 420, 467, 468, 471 IPC at Sarai Khwaja Police Station, Jaunpur, UP Bail Granted (Pending) 5. FIR No. 136/2023 dated 04.07.2023 registered u/s 452, 379, 143, 147, 504, 506 IPC at Harsul Police Station, Aurangabad Rural Bail Granted (Pending) 6. FIR No. 124/2025 dated 23.03.2025 registered u/s 115(2), 3(5), 333, 351(3), 352 BNS at City Chowk Police Station, Chhatrapati Sambhaji Nagar Bail Granted (Pending) 7. FIR No. 338/2016 dated 12.10.2016 registered u/s 354A, 504, 34 IPC at Khultabad Police Station Bail Granted (Pending) 8. FIR NO. 331/2011 dat....
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....ons are made that a guardian has kidnapped a child or a boy in love has kidnapped a girl. They do stand on a different footing. But kidnapping for ransom or for revenge or to spread terror or to establish authority are in a different realm altogether. In the present case the victim had been kidnapped under threat, confined and abused. The sole reason for kidnapping is because the victim had shown some courage to speak against the accused. This may be the purpose for sustaining of authority in the area by the accused and his criminal antecedents, speak eloquently in that regard. In his plea for bail the accused had stated that such offences had been registered because of political motivations but the range of offence and their alleged years of occurrence do not lend prima facie acceptance to the same. Thus, in the present case his criminal antecedents could not have been totally ignored." (Emphasis Supplied) 29. Similarly, in Neeru Yadav v. State of Uttar Pradesh and another [(2016) 15 SCC 422], this Court set aside a bail order on the ground that relevant factors, including criminal antecedents, had been completely ignored, holding that such a grant of bail amounted to a devi....
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.... of the charge is the vital factor and the nature of the evidence also is pertinent. The punishment to which the party may be liable, if convicted or conviction is confirmed, also bears upon the issue. 8. Another relevant factor is as to whether the course of justice would be thwarted by him who seeks the benignant jurisdiction of the Court to be freed for the time being. [Patrick Devlin : The Criminal Prosecution in England, (London) 1960, p. 75 - Mod. Law Rev. ibid., p. 54] 9. Thus the legal principles and practice validate the Court considering the likelihood of the applicant interfering with witnesses for the prosecution or otherwise polluting the process of justice. It is not only traditional but rational, in this context, to enquire into the antecedents of a man who is applying for bail to find whether he has a bad record - particularly a record which suggests that he is likely to commit serious offences while on bail. In regard to habituals, it is part of criminological history that a thoughtless bail order has enabled the bailee to exploit the opportunity to inflict further crimes on the members of society. Bail discretion, on the basis of evidence about t....
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....appellant has further sought a direction for transfer of the investigation in the present case to a special agency, alleging the existence of a larger racket involving forged degrees and invoking considerations of public interest. 35. At the outset, it is pertinent to note that the investigation has already culminated in the filing of a chargesheet on 14.05.2025, and cognizance has been taken by the learned Magistrate vide order dated 26.05.2025. 36. In Disha v. State of Gujarat and others [(2011) 13 SCC 337], this Court was concerned with allegations relating to a large-scale financial scam involving collection of approximately Rs. 60 crores on the pretext of assuring high returns. Despite the filing of the chargesheet, a prayer was made for transfer of investigation to an impartial agency such as the CBI. Rejecting the said prayer, this Court held that once investigation is complete and the chargesheet is filed, transfer of investigation can be directed only in exceptional circumstances demonstrating a real likelihood of bias, mala fides, or abuse of power. The following paragraphs are apposite: "14. In Gudalure M.J. Cherian v. Union of India [(1992) 1 SCC 397] thi....
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....thers [(2013) 12 SCC 480], declined to transfer investigation to the CBI despite allegations of delay and improper investigation. This Court held that mere dissatisfaction with the manner of investigation or bald allegations unsupported by cogent material cannot justify invocation of extraordinary jurisdiction for transfer of investigation to a central or special agency. The following observations are relevant: "13 ... This Court has time and again dealt with the issue under what circumstances the investigation can be transferred from the State investigating agency to any other independent investigating agency like CBI. It has been held that the power of transferring such investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary for having "a fair, honest and complete investigation", and particularly, when it is imperative to retain public confidence in the impartial working of the State agencies. Where the investigation has already been completed and charge-sheet has been filed....
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....n investigation from the State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases. Such as where high officials of State authorities are involved, or the accusation itself is against the top officials of the investigating agency thereby allowing them to influence the investigation, and further that it is so necessary to do justice and to instil confidence in the investigation or where the investigation is prima facie found to be tainted/biased." (Emphasis Supplied) 38. Applying the aforesaid principles to the present case, no specific or substantiated material has been placed on record to demonstrate that the investigation conducted by the State Police was vitiated by mala fides, bias, or extraneous influence attributable to Respondent No. 2. There is also no allegation of involvement of any high-ranking police officials so as to cast doubt on the credibility of the investigation. 39. In the absence of such exceptional circumstances, and particularly when the investigation stands completed and cognizance has already been taken by the competent court, this Court finds no justification to invoke its extraordinary ju....
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....urt has, on numerous occasions, strongly deprecated such conduct. In Kusha Duruka v. State of Odisha [(2024) 4 SCC 432], this Court disapproved the act of an accused who had concealed the dismissal of earlier bail applications as well as the pendency of proceedings before this Court, and issued specific directions mandating disclosure of all previous and pending bail applications. The Court reiterated that suppression of material facts constitutes fraud on the court, attracting the maxim suppressio veri, expressio falsi. The relevant paragraphs read as under: "2. About three decades ago, this Court in Chandra Shashi v. Anil Kumar Verma [(1995) 1 SCC 421 : 1995 SCC (Cri) 239] was faced with a situation where an attempt was made to deceive the Court and interfere with the administration of justice. The litigant was held to be guilty of contempt of court. It was a case in which the husband had filed fabricated document to oppose the prayer of his wife seeking transfer of matrimonial proceedings. Finding him guilty of contempt of court, he was sentenced to two weeks' imprisonment by this Court. This Court observed as under : (SCC pp. 423-24 & 427, paras 1-2 & 14) ....
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....merits. If the court does not reject the petition on that ground, the court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of court for abusing the process of the court." (emphasis supplied) 4. In Dalip Singh v. State of U.P. [(2010) 2 SCC 114 : (2010) 1 SCC (Civ) 324], this Court noticed the progressive decline in the values of life and the conduct of the new creed of litigants, who are far away from truth. It was observed as under: (SCC pp. 116-17, paras 1-2) "1. For many centuries Indian society cherished two basic values of life i.e. "satya" (truth) and "ahimsa" (non-violence). Mahavir, Gautam Buddha and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice- delivery system which was in vogue in the pre-Independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesi....
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....order cannot be allowed to stand." (emphasis supplied) 6. It was held in the judgments referred to above that one of the two cherished basic values by Indian society for centuries is "satya" (truth) and the same has been put under the carpet by the petitioner. Truth constituted an integral part of the justice-delivery system in the pre- Independence era, however, post-Independence period has seen drastic changes in our value system. The materialism has overshadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In the last 40 years, the values have gone down and now litigants can go to any extent to mislead the court. They have no respect for the truth. The principle has been evolved to meet the challenges posed by this new breed of litigants. Now it is well settled that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Suppression of material facts from the court of law, is actually ....
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....ing the conduct of the parties and the counsel, this Court made the following observations : (Saumya Chaurasia v. Enforcement Directorate, (2024) 6 SCC 401 : 2023 SCC OnLine SC 1674 : 2023 INSC 1073], SCC para 13) "13. It cannot be gainsaid that every party approaching the court seeking justice is expected to make full and correct disclosure of material facts and that every advocate being an officer of the court, though appearing for a particular party, is expected to assist the court fairly in carrying out its function to administer the justice. It hardly needs to be emphasised that a very high standard of professionalism and legal acumen is expected from the advocates particularly designated senior advocates appearing in the highest court of the country so that their professionalism may be followed and emulated by the advocates practising in the High Courts and the District Courts. Though it is true that the advocates would settle the pleadings and argue in the courts on instructions given by their clients, however their duty to diligently verify the facts from the record of the case, using their legal acumen for which they are engaged, cannot be obliviated." (emphasi....
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....l application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made. 22.2.1. This Court has already directed vide order passed in Pradhani Jani case [(2024) 4 SCC 451] that all bail applications filed by the different accused in the same FIR should be listed before the same Judge except in cases where the Judge has superannuated or has been transferred or otherwise incapacitated to hear the matter. The system needs to be followed meticulously to avoid any discrepancies in the orders. 22.2.2. In case it is mentioned on the top of the bail application or any other place which is clearly visible, that the application for bail is either first, second or third and so on, so that it is convenient for the court to appreciate the arguments in that light. If this fact is mentioned in the order, it will enable the next higher court to appreciate the arguments in that light. 22.3. The Registry of the court should also annex a report generated from the system about decided or pending bail application(s) in the crime case in question. Th....
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....s information shall be placed before the bench with the necessary information." 23. We feel that every High Court in the country should consider incorporating a similar provision in the respective High Court Rules and/or Criminal Side Rules as it would impose an obligation on the accused to make disclosures regarding his/her involvement in any other criminal case(s) previously registered. 24. It is, therefore, provided that a copy of this order shall be communicated to the Registrar Generals of all the High Courts so that incorporation of a similar Rule in the respective Rules can be considered, if such provision does not exist from earlier." (Emphasis Supplied) 47. As repeatedly observed by this Court, bail applications are examined at multiple stages - from the trial Court to the High Court and ultimately this Court - where courts are often constrained to take a prima facie view on incomplete or selectively presented records. Non-disclosure of material aspects such as criminal antecedents, prior bail rejections, duration of custody, compliance with constitutional and statutory safeguards, and the progress of trial may result in the unwarranted grant of bai....