Usman Ali v. State of Uttar Pradesh 2026 INSC 98 - Cancellation of Bail

Code of Criminal Procedure 1973 - Section 439- Bail - Cancellation - Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner. The satisfaction of the court, on the basis of material placed on the record of the possibility of the accused absconding is yet another reason justifying the cancellation of bail. However, bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to retain his freedom by enjoying the concession of bail during the trial.

Case Info

Basic details


Case name: Usman Ali v. State of Uttar Pradesh and Another


Neutral citation: 2026 INSC 98


Coram:

  • Justice Sanjay Karol
  • Justice Prashant Kumar Mishra (authored the judgment)

Judgment date: January 30, 2026 (New Delhi)


Case law and citations referred

  1. Mahipal v. Rajesh Kumar alias Polia and Another, (2020) 2 SCC 118
  2. Dolat Ram and Others v. State of Haryana, (1995) 1 SCC 349
  3. Ram Govind Upadhyay v. Sudarshan Singh and Others, (2002) 3 SCC 598
  4. Manjit Prakash and Others v. Shobha Devi and Another, (2009) 13 SCC 785

Statutes / laws referred

  1. Indian Penal Code, 1860
    • Section 147
    • Section 148
    • Section 149
    • Section 302
    • Section 120B
    • Section 34
  2. Criminal Law (Amendment) Act
    • Section 7