Supreme Court Sets Aside High Court Bail in Fake-Degree Racket, Cancels Bail and Directs Surrender

A bench of Justices Ahsanuddin Amanullah and R. Mahadevan heard an appeal by the complainant against an order of the Allahabad High Court that had granted bail to the accused in a prosecution alleging a large-scale racket in fabrication and circulation of forged academic qualifications. The matter concerned FIR No. 314 of 2024 registered at Saray Khwaja Police Station, Jaunpur, Uttar Pradesh, and arose from allegations that the accused had used forged LL.B. degrees and marksheets to pose as an advocate and to facilitate similar frauds.

The Court allowed the Criminal Appeal, held that the High Court's bail order was legally unsustainable, set aside the impugned order and cancelled the bail granted to Respondent No. 2. The bench directed the accused to surrender within two weeks and observed that the High Court had “placed reliance on documents whose genuineness constitutes the very subject matter of the criminal prosecution” and had ignored material facts including the accused's criminal antecedents. The Court, in its reasoning, observed: "Accordingly, where a bail order is demonstrated to be legally untenable or fundamentally perverse, interference by the appellate court is not an exception, but a judicial imperative. Such interference does not trench upon the sanctity of personal liberty; rather, it subserves the rule of law by ensuring that discretionary relief is granted in conformity with settled legal standards and that the administration of criminal justice is not undermined by arbitrary or capricious orders." The Court also reiterated that “an accused or applicant seeking bail is under a solemn obligation to make a fair, complete and candid disclosure of all material facts having a direct bearing on the exercise of judicial discretion.”

Background
The prosecution alleged that Respondent No. 2, Mazahar Khan, had procured and used a forged LL.B. degree and marksheets purportedly from Sarvodaya Group of Institutions affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur, and that the institution did not offer law courses nor was affiliated to the University. The FIR dated 23.08.2024 charged offences under Sections 419, 420, 467, 468 and 471 IPC, alleging an organised racket to supply fake academic qualifications. The accused was arrested on 28.04.2025; the Sessions Court refused bail on 12.05.2025, but the High Court granted bail on 30.07.2025 after the chargesheet had been filed.

On appeal, the complainant challenged the High Court order, contending that material documents relied on by the High Court were themselves the subject-matter of prosecution, and that the accused had concealed at least nine antecedent FIRs involving similar offences and other serious allegations. The State supported the challenge. The accused contended that bail was properly granted, that he had not misused liberty, and that the case was rooted in family and property disputes.

The Supreme Court examined settled bail jurisprudence and concluded that the High Court had ignored relevant material including categorical communications from the University and the institution stating non-affiliation and absence of law courses, and had relied on a downloaded marksheet containing a disclaimer that it was not an original. The Court noted multiple FIRs across States alleging similar offences and prima facie suppression of antecedents by the accused before courts. The Court refused a prayer to transfer investigation to a special agency, holding that investigation had been completed, chargesheet filed and no exceptional circumstances of mala fide or involvement of high state officials justified transfer. The Court emphasised full disclosure in bail pleadings, endorsed a recommendatory disclosure framework for courts, and directed circulation of the judgment to High Courts and the District Judiciary. The appeal was allowed, bail was cancelled, and the trial court was directed to proceed expeditiously.

Case Details:
Case No.: Criminal Appeal No. 825 of 2026; REPORTABLE 2026 INSC 144
Case Title: Zeba Khan v. State of U.P. & Others
Appearances:
For the Petitioner(s): Not specified in the judgment
For the Respondent(s): Not specified in the judgment