LexAJWAR versus WASEEM AND ANOTHER R1: WASEEM R2: STATE OF UTTAR PRADESH
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[2025] 7 S.C.R. 2062 : 2025 INSC 968 Ajwar v. Waseem and Another R1: Waseem R2: State of Uttar Pradesh (Criminal Appeal No. 3232 of 2025) 29 July 2025 [Ahsanuddin Amanullah and S.V.N. Bhatti, JJ.] Issue for Consideration Issue arose as regards the correctness of the impugned order passed by the High Court granting bail to respondent no.1-accused. Headnotes† Bail – Cancellation of Bail – Supreme Court cancelled the bail of respondents-accused granted by the High Court and granted a window to move for bail afresh in event of any new circumstances emerging at a later stage – Earlier also the High Court had granted bail and in appeal thereagainst this Court had remanded back the matter – In terms with the order passed by the Supreme Court, the respondent no. 1 applied for bail afresh – Trial Court rejected the same, however, the High Court granted bail – Interference with: Held: Scheme of the Constitution mandates that all Orders/ Judgments of this Court have to be given due deference to by all other Courts, including the High Courts, in letter and in spirit – Both the earlier Orders/Judgments cancelling bail to respondent no.1 would leave no doubt that this Court examined all material aspects – Ultimately, this Court concluded that, in the circumstances, grant of bail was unjustified, both on facts and in law, while keeping a limited window open in futuro, which assumes significance yet was not properly appreciated by the High Court – Considerations which have weighed with the Single Judge while penning the impugned order are disturbing – Observations such as ‘one sided investigation by police’ and ‘ignoring the case of accused side’ besides being thoroughly unwarranted, had absolutely no nexus with the prayer for bail which the Single Judge was seized of – Given the heinous nature of the alleged offences, it was not open to the High Court [2025] 7 S.C.R. 2063 Ajwar v. Waseem and Another to make overcrowding in jails’ as a ground to allow bail – Further, the impugned order notes certain facts but does not really offer insight into the actual view of the High Court thereon or on the ‘new circumstances’ sought to be put forth by respondent no.1 – Moreover, the impugned order omitted to consider the detailed judgment passed by this Court to cull out whether ‘new circumstances’ had emerged to enlarge respondent no.1 on bail – Over-burdened docket is no justification for formulaic justice – High Court fell in error and has consequently offered up the impugned order for interdiction – When this Court had, while cancelling and/or setting aside bail granted on two previous occasions, examined all relevant aspects in extenso, it was incumbent upon the High Court to provide comprehensive reasoning, moreso, in light of this Court’s observation of future consideration of bail ‘at a later stage’ – Impugned order quashed – Bail granted to respondent no.1 set aside – Respondent no.1 to remain in custody and not be enlarged on bail till the conclusion of the trial – Penal Code, 1860 – ss.147, 148, 149, 352, 302, 307, 504 and 34. [Paras 13, 16, 18, 20] Case Law Cited Ajwar v. Waseem (2024) 10 SCC 787; Manik Madhukar Sarve v. Vitthal Damuji Meher [2024] 8 SCR 753 : (2024) 10 SCC 753; Shabeen Ahmad v. State of Uttar Pradesh [2025] 3 SCR 367 : (2025) 4 SCC 172; State of Rajasthan v. Indraj Singh, 2025 SCC OnLine SC 518; Victim ‘X’ v. State of Bihar, 2025 SCC OnLine SC 1490; Ajwar v. Niyaj Ahmad [2022] 7 SCR 356 : 2022 SCC OnLine SC 1403; Niranjan Singh v. Prabhakar Rajaram Kharote [1980] 3 SCR 15 : (1980) 2 SCC 559; Vilas Pandurang Pawar v. State of Maharashtra [2012] 8 SCR 270 : (2012) 8 SCC 795; Atulbhai Vithalbhai Bhanderi v. State of Gujarat [2023] 4 SCR 239 : (2023) 17 SCC 521; Manoj Kumar Khokhar v. State of Rajasthan (2022) 3 SCC 501; Ajwar v. Waseem [2024] 5 SCR 575 : (2024) 10 SCC 768 – referred to. Waseem v. State of Uttar Pradesh, 2022 SCC OnLine All 1518; Waseem v. State of Uttar Pradesh, 2022 SCC OnLine All 1510 – referred to. List of Acts Penal Code, 1860; Constitution of India. 2064 [2025] 7 S.C.R. Supreme Court Reports List of Keywords Bail; Cancellation of Bail; New circumstances emerging at a later stage; Limited window open in futuro; One sided investigation by police; Ignoring the case of accused side; Over-burdened docket; Justification for formulaic justice’; Overcrowding in jails; At a later stage; Custody; Enlarged on bail; Conclusion of the trial; G
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