Allahabad High Court
MOHAMMAD HANIFversusSTATE OF U.P.
- Decided
Holding
Bail is granted to the applicant under the conditions specified.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mohammad Hanif, who is charged under Sections 2(b)(i), 2(b)(xvii) and 3(1) of the U.P. Gangsters and Antisocial Activities (Prevention) Act. The applicant asserted his innocence, noted that he is already on bail in three other cases and has no further pending matters, and pledged not to misuse liberty. The State opposed the bail. After reviewing the record and applying Section 19(4) of the GAA, the court found the circumstances suitable for bail without commenting on the merits and ordered a personal bond of Rs. 50,000 with two sureties and specific conditions. Bail was granted subject to conditions prohibiting tampering with evidence, intimidation of witnesses, and requiring attendance at key trial dates. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent findings.
Issues considered
- Whether bail can be granted to an accused under the U.P. Gangsters and Antisocial Activities (Prevention) Act pending trial
- Whether Section 19(4) of the Act permits bail in the present circumstances
- Whether the applicant’s prior bail status and lack of other pending cases justify release
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- U.P. Gangsters and Antisocial Activities (Prevention) Act — s. 19(4), 2(b)(i), 2(b)(xvii), 3(1)
Subjects
- bail
- criminal procedure
- U.P. Gangsters and Antisocial Activities (Prevention) Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Section 19(4)
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14050 of 2026
Mohammad Hanif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rayoof Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rayoof Ali, learned counsel for the applicant and Sri
B.P. Maurya, learned AGA for the State-respondents and perused
the record.
2. The present bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed on behalf of
applicant with a prayer to release him on bail in Case Crime No.
263 of 2025, under Section 2(b)(i), 2(b)(xvii), 3(1) of U.P.
Gangsters and Antisocial Activities (Prevention) Act, registered at
P.S. Harpur Budhat, District Gorakhpur, during pendency of the
trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 7.3.2026. It is
further submitted that the applicant is on bail in three cases shown
against him in the gang chart and apart from the above, he is
having no other case registered against him. It is further submitted
that the applicant undertakes that he will not misuse the liberty, if
granted. It has also been pointed out that in the wake of heavy
pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
BAIL No. 14050 of 2026
2
5. The applicant is on bail in three cases shown against him in the
gang chart and apart from the above, he is having no other case
registered against him.
6. Upon considering the totality of facts, nature and the evidence
reflected from record and also taking into consideration the
provision of Section 19(4) of the Act and without expressing any
opinion on merits of the case, I find it to be a fit case for bail.
Hence, the present bail application is ALLOWED.
7. Let the applicant- Mohammad Hanif involved in the aforesaid
case crime be released on bail on his furnishing a personal bond of
Rs. 50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any
inducement, threat, or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial
court on the dates fixed for (i) opening of the case, (ii) framing of
charge and (iii) recording of statement under Section 351 of
B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on
each date fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
BAIL No. 14050 of 2026
3
9. It is clarified that anything said in this order is limited to the
purpose of determination of this bail application and will in no way
be construed as an expression on the merits of the case. The trial
court shall be absolutely free to arrive at its independent
conclusions on the basis of evidence led unaffected by anything
said in this order.
(Jitendra Kumar Sinha,J.)
May 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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