Gulabkali v. Aashish Gautam @ Arvind Kumar - Setting Aside Of Bail
Code of Criminal Procedure 1973 - Section 439 - Bail - Cancellation - There is distinction between the concept of setting aside an unjustified, illegal or perverse orders allowing bail in favour of accused and cancellation of an order of bail on the ground that accused has misconducted himself or certain supervening circumstances warrant such cancellation - if the order granting bail is a perverse one or passed on irrelevant material, or it has been passed without fully appreciating the facts and circumstances of the case and the gravity of the offence, it can be cancelled or annulled by the superior court. (Para 10-11)
Case Info
Case name: Gulabkali v. Aashish Gautam @ Arvind Kumar
Neutral citation: Not mentioned in the order (only cause title and case numbers are given).
Coram:Hon’ble Mr. Justice Prashant Kumar MishraHon’ble Mr. Justice N.V. Anjaria
Judgment date: 04 February 2026 (NEW DELHI; FEBRUARY 04, 2026.)
Case numbers:
- Supreme Court: Criminal Appeal No(s). of 2026 (Arising out of SLP (Crl.) No. 19385/2025)
- High Court order under challenge: CRMBA No. 30130/2025, order dated 02.09.2025, High Court of Judicature at Allahabad
Caselaws and citations referred:
- Guriaya Swayam Sevi Sansthan v. State of Uttar Pradesh & Anr., Criminal Appeal No. 441 of 2026 (order of the Supreme Court).
- Ajwar v. Waseem & Ors., Criminal Appeal No. 3232 of 2025 (order of the Supreme Court).
- Himanshu Sharma v. State of Madhya Pradesh, Criminal Appeal No. 1051 of 2024 (order of the Supreme Court).
- Abhimanue Etc. Etc. v. State of Kerala, Criminal Appeal Nos. 4197–4199 of 2025 (order of the Supreme Court).
- Ranjit Singh v. State of Madhya Pradesh: (2016) 16 SCC 797.
Statutes / laws referred (by implication):The order deals with principles governing grant and cancellation of bail in a murder case under criminal law. While no specific sections are expressly named, it proceeds on the basis of criminal procedure jurisprudence under the Code of Criminal Procedure relating to bail, and substantive offence of murder under the Indian Penal Code.
Brief summary (three sentences):The mother of the deceased challenged the Allahabad High Court’s order granting regular bail to the respondent, who is accused of murdering her daughter with whom he had an affair and secretly disposing of the body in a septic tank at his house. The Supreme Court held that although parameters for grant and cancellation of bail are distinct, a superior court can set aside a perverse or unjustified bail order passed without proper consideration of the gravity of the offence and the material on record, relying on precedents such as Ranjit Singh v. State of Madhya Pradesh. Finding that the High Court had not considered the serious, evidence‑backed allegations and had passed a perverse order, the Supreme Court allowed the appeal, set aside the bail, directed the accused to surrender within two weeks, but kept liberty open to seek bail again if the trial is unduly delayed.