Mohseen vs The State Of UP

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The appellant/informant challenged the order of the High Court of Judicature at Allahabad granting bail to Respondent No. 2/accused Jeeshan during the pendency of trial in connection with FIR No. 179/2024 registered at Police Station Partapur, District Meerut, under various provisions of the Indian Penal Code, 1860 and the Arms Act, 1959. The accused was alleged to have intercepted and assaulted the victims with weapons including a country-made pistol, as captured in CCTV footage, and had previously concealed the weapon after the incident. The accused had also deliberately evaded surrender for approximately 42 days following an earlier bail cancellation order by the Supreme Court dated 27.01.2025.

The Supreme Court had previously set aside an earlier bail order granted by the High Court in SLP (Crl.) No. 18256/2024, finding that the High Court had erroneously characterised the accused's role as 'vague and general' and had failed to consider relevant material including the Trial Court's bail rejection order. Despite service of show cause notice and issuance of a Non-Bailable Warrant, the accused continued to evade the process of law until 10.03.2025, and proceedings under Section 82 CrPC were initiated against him.

Leave was granted by the Supreme Court to examine the validity of the impugned order dated 22.09.2025 passed by the High Court enlarging the accused on bail for the second time, in the context of the serious nature of the offences alleged, the CCTV evidence, eyewitness depositions, the accused's own admissions before the Investigating Officer, his prior conduct of evading arrest, and the Trial Court's subsequent rejection of the second bail application on grounds of likelihood of absconding and tampering with evidence.

Catchwords: bail bail cancellation anticipatory bail Arms Act attempt to murder witness intimidation CCTV evidence absconding accused Section 307 IPC Section 82 CrPC Special Leave Petition Gangsters Act repeated bail application surrender Non-Bailable Warrant