Allahabad High Court
MOHD INAMversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court held that a prima facie case for bail is made out and ordered the applicant’s release on bail subject to conditions.
Summary
The High Court considered a bail application filed by Mohd. Inam under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant claimed false implication and highlighted that he was already on bail in two base cases and had a criminal history of six other cases, with one acquittal and one conviction under the Excise Act. The State opposed bail but could not dispute the applicant's antecedent record. The Court, after reviewing the facts, found that a prima facie case for bail existed, noting that the applicant was not a previous convict for a heinous offence and was already on bail in the base cases. Consequently, the Court ordered his release on bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and mandating regular court appearances. The order also directed procedural steps for the release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the applicant under the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986 in view of his criminal antecedents and pending cases.
- Whether a prima facie case for bail exists despite the applicant’s prior criminal history.
- Whether the applicant qualifies as a previous convict for a heinous crime, affecting bail eligibility.
Legislation cited
Subjects
- bail
- U.P. Gangsters and Anti‑Social Activities Act
- criminal antecedents
- prima facie case
- high court
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15353 of 2026
Mohd Inam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vijay Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.01 of 2026, under Sections 2/3 of the
U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police
Station- Kotwali Nagar, District- Muzaffar Nagar, during the pendency
of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. Learned counsel further
contends that two base cases have been shown in the gang chart against
the applicant and the applicant is on bail in the said cases. Apart from the
base cases, the applicant has a criminal history of six other cases and the
applicant is on bail in all the cases except Case Crime No.407 of 2015, in
which the applicant has been acquitted, and Case Crime No.677 of 2014,
under Section 60 of the Excise Act, where the applicant confessed his
involvement and was fined Rs.2,000/-.
4. The learned A.G.A. has opposed the prayer for bail, however could not
dispute the explanation given regarding criminal antecedents of the
applicant.
5. I have considered the submissions made by the learned counsel for the
parties.
6. The applicant is in jail since 19.03.2026. He is not a previous convict
for a heinous crime. He is on bail in the base cases shown in the gang
chart.
BAIL No. 15353 of 2026
2
7. Taking into considering the entire facts and circumstances of the case
and without expressing any opinion on the merits of the case, a prima
facie case for bail is made out.
8. Let the applicant - Mohd. Inam, involved in the aforementioned crime
be released on bail, on his furnishing a personal bond and two
heavy sureties each in the like amount, to the satisfaction of the Court
concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.
9. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel his/her bail.
10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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