Teekam v. State of Uttar Pradesh, 2025
The Court reaffirmed that Section 439 CrPC does not impose any hierarchy or mandatory sequence between the Sessions Court and the High Court.
Judgement Details
Court
Allahabad High Court
Date of Decision
20 December 2025
Judges
Justice Arun Kumar Singh Deshwal
Citation
Acts / Provisions
Facts of the Case
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The accused-applicant Teekam was booked in a criminal case involving the offence of attempt to murder.
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His first bail application was rejected by the Sessions Court on the basis of allegations contained in the case diary.
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The bail application was also earlier rejected when no trial evidence was available.
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During the course of the trial, material evidence was collected which was not available at the time of rejection of the earlier bail applications.
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A successive bail application was filed before the High Court, relying upon the new evidence recorded during trial.
Issues
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Whether after rejection of bail by the Sessions Court, the High Court can entertain a bail application on the basis of material collected during trial which was not available earlier?
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Whether a second or successive bail application is maintainable before the High Court when fresh evidence emerges during trial?
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Whether an accused is mandatorily required to approach the Sessions Court again before filing a successive bail application before the High Court?
Judgement
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The Allahabad High Court allowed the successive bail application filed by the accused.
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The Court held that there is no statutory bar under Section 439 CrPC or Section 483 BNSS preventing the High Court from entertaining a bail application directly on the basis of new material.
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The Court clarified that while the general practice may require approaching the Sessions Court first, such practice is not mandatory in law.
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The accused was directed to be released on bail after the Court found merit in the plea based on change in circumstances during trial.
Held
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The High Court held that the power of granting bail under Section 439 CrPC is concurrent between the Sessions Court and the High Court.
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The Court held that an accused is not required as a matter of law to approach the Sessions Court again for bail on fresh grounds.
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The High Court can directly entertain a successive bail application based on new evidence collected during trial, even if such material was not before the Sessions Court earlier.
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However, the Court clarified that it retains discretion to relegate the accused to the Sessions Court in appropriate cases.
Analysis
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The judgment clarifies an important procedural aspect of bail jurisprudence, ensuring that technical practice does not override statutory powers.
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The Court reaffirmed that Section 439 CrPC does not impose any hierarchy or mandatory sequence between the Sessions Court and the High Court.
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The reliance on Kamal @ Kamal Choudhary v. State of M.P. (2025) strengthens the principle that fresh material during trial constitutes a change in circumstances.
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The ruling balances judicial discipline with practical justice, ensuring that an accused is not denied bail merely due to procedural rigidity.
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The judgment reinforces that hostile testimony or weakening of prosecution evidence during trial can justify reconsideration of bail.