Allahabad High Court
MOHAMMAD FAIZAN ALIAS FAIZANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant subject to a personal bond, two sureties and standard conditions.
Summary
The applicant, Mohammad Faizan, filed a bail application in a case registered under Sections 2 and 3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging that he was falsely implicated due to police rivalry. He had already been granted bail in a related gang‑chart case and claimed no prior criminal record, having been in custody since 8 August 2026. The applicant argued that the prosecution was based on a single criminal case and that he was not a gang member. The State opposed the bail but did not present any substantive counter‑argument. The court, without delving into the merits, allowed the bail on the condition of a personal bond, two sureties, and compliance with standard conditions such as non‑tampering with evidence and appearance before the trial court. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail can be granted to the accused under Sections 2/3 of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 despite the seriousness of the offence.
- Whether the applicant’s claim of false implication and lack of criminal history warrants bail.
Legislation cited
Subjects
- bail
- U.P. Gangster Act
- false implication
- police rivalry
- sureties
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30492 of 2026
Mohammad Faizan Alias Faizan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kushagra Srivastava, Saumya
Srivastava, Shahrukh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 56 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shahrukh, learned counsel for the applicant, Sri R.P. Singh,
learned State Law Officer and perused the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No. 365 of 2026, under Section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Hapur Nagar, District-
Hapur, during the pendency of trial.
4. It is argued by the learned counsel for the applicant that the prosecution
under the Gangsters Act have been launched against the applicant on the
basis of one criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal case
have been mentioned in the affidavit accompanying the bail application. He
has been falsely implicated in the present case due to police rivalry. He is
not the member of any gang.
5. There is no criminal history of the applicant. The applicant is languishing
in jail since 8.8.2026. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
BAIL No. 30492 of 2026
2
7. Without expressing any opinion on the merits, the bail application is
allowed. Let the applicant- Mohammad Faizan Alias Faizan, who is
involved in aforementioned case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the satisfaction
of the court concerned subject to verification of sureties, with the condition
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the bonds are accepted.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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