Parity Prevails: Supreme Court Grants Bail to Mohd. Hanif Mammad Amidst Ongoing Trial.


15 October 2025
In an order passed on 15 October 2025, the Supreme Court of India granted the criminal appeal preferred by Mohd. Hanif Mammad, reversing the Allahabad High Court judgment that had rejected his application for regular bail. The case relates to Crime/FIR No. 247 of 2024, which was registered at Police Station Azeem Nagar, District Rampur, under various provisions of the Bhartiya Nyaya Sanhita, 2023, the Criminal Law (Amendment) Act, and the Arms Act, 1959.

The application was heard before the Bench of Justice Sanjay Kumar and Justice Alok Aradhe, under the criminal appellate jurisdiction of the Court. The appellant was in custody since 20 September 2024, and his second bail application had been denied by the High Court.


 

 

During the hearing, the appellant's counsel pointed out that the trial had already begun and that all other co-accused in the same matter had been admitted to bail. Noting the same, the Supreme Court held that there was no valid reason to persist in refusing bail to the appellant when co-accused had the benefit of similar relief. The Court therefore granted the appeal, releasing the appellant on bail on the doctrine of parity, subject to terms and conditions to be determined by the trial court.

The order particularly instructs the appellant to assist in the continuation of the trial and refrain from any action that might cause a delay. The Supreme Court also made it clear that its remarks were limited to the advisability of grant of bail only and were not reflective of any opinion on the merits of the case.

With this order, the appeal was granted, the High Court impugned order was rescinded, and all pending applications were disposed of.


BHARATIYA NYAYA SANHITA, 2023