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Criminal · Reportable judgment

Rambalak vs State of U.P.

Court
Supreme Court of India
Date
19 May 2026
Case No.
Criminal Appeal No. 2647 of 2026
Result
Allowed
Bench
Sanjay Karol, Prasanna Bhalachandra Varale
Citation
[2026] 6 S.C.R. 446 : 2026 INSC 511
Acts & Sections
IPC CrPC Bharatiya Nagarik Suraksha Sanhita, 2023 Constitution
Supreme Court Reports [2026] 6 S.C.R. 446 : 2026 INSC 511
Issue for consideration
Issue arose whether under the power of s.483 of BNSS 2023, the Court could have issued directions to the trial court to issue summons u/ss.62 and 69 Cr.P.C. and also take coercive measures as against those persons who delay or impede proceedings.
Headnote

Bharatiya Nagarik Suraksha Sanhita, 2023 – s.483 – Special powers of High Court or Court of Session regarding bail – High Court while exercising bail jurisdiction, undertaking exercise of issuing directions – Power of – High Court dismissed the second bail application in a case u/ss.419, 420, 467, 468 and 471 IPC and directed that the trial court to issue summons u/ss.62 and

69 Cr.P.C. and also take coercive measures as against those persons who delay or impede proceedings – This Court passed an interim order releasing the appellant on bail and posted the matter for considering the issue of the power of the Court to issue directions while exercising bail jurisdiction – Sustainability: Held: Impugned judgment in so far as it directs following what has been laid in the earlier bail orders, cannot be sustained and is set aside – However, in the interest of justice, the steps that have been taken by the State authorities to remain unaffected and continue to function independent of the orders in which they stood issued – State at liberty to modify the same to be in consonance with the prevalent laws of the land should the need so arise. [Para 8]

Keywords: Special powers of High Court or Court of Session regarding bail · High Court while exercising bail jurisdiction, undertaking an exercise of issuing directions · Bail application · Issuance of summons · Coercive measures · Delay or impede proceedings · Bail jurisdiction

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjay Karol, J. Leave Granted. 2. On first blush, this appeal at the instance of the accused was directed against the rejection of his second bail application1 by the High Court Order dated 1st April 2025 of Judicature at Allahabad2 in a case arising out of Case Crime No.175/2002 under Sections 419,420.467,468 and 471, Indian Penal Code 18603 at PS Hamirpur, presents that limited issue, but it is not so. While dismissing the bail application, the Court directed that the Trial Court should issue summons under Section 62 and 69 Cr.P.C. and also take coercive measures as against th
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