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Allahabad High Court

SHRI AATIFversusSTATE OF U.P.

Decided

Holding

The court held that, prima facie, the applicant is entitled to bail.

Summary

The applicant, Shri Aatif, sought bail in a criminal case (Crime No. 225 of 2026) involving alleged participation in an unlawful assembly under Sections 352, 191(2), 191(3), 103(1) and 190 of the B.N.S.S. The counsel argued that Aatif was not named in the FIR and that the informant’s later application implicating him is barred by Section 182 of the B.N.S.S., rendering it inadmissible. The application further contended that the allegations were vague, no overt act was attributed to Aatif, and he had no prior criminal record. The State opposed bail, but the court found the applicant’s arguments credible and, on a prima facie basis, concluded that bail was warranted. Consequently, the court granted bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.

Issues considered

  • Whether bail can be granted when the accused is not named in the FIR and the allegations are vague.
  • Whether the informant’s post‑FIR application implicating the accused is inadmissible under Section 182 of the B.N.S.S.
  • Whether the absence of an overt act and lack of prior criminal history justify the grant of bail.

Legislation cited

Subjects

  • bail
  • FIR
  • Section 182
  • unlawful assembly
  • criminal procedure
  • prima facie
  • surety

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. BAIL APPLICATION No. - 31638 of 2026

Shri Aatif
                                                                .....Applicant(s)
                                       Versus

State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                        :   Diwan Saifullah Khan
Counsel for Opposite Party(s)                   :   G.A.

Court No. - 68
(Sr. No.7 out of 172 T.C.)

                             HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Diwan Saifullah Khan, learned counsel for the applicant, Sri
Ram Mohit Yadav, learned A.G.A. for the State and perused the material
placed on record.

3. Applicant seeks bail in Case Crime No.225 of 2026, under Sections 352,
191(2), 191(3), 103(1), 190 BNS, Police Station Khora, District Ghaziabad,
during the pendency of trial.

4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is not named in the FIR. The FIR does not mention the name of
any unknown person either. The name of the applicant surfaced
subsequently in an application moved by the informant before the police on
the same day, after the institution of the FIR. The said application is hit by
Section 182 of the B.N.S.S. and, therefore, cannot be taken into
consideration.

5. Learned counsel for the applicant has further argued that even otherwise,
the allegations made in the said application are vague, and the applicant is
stated to have been a member of the said unlawful assembly only. No overt
act has been assigned to him. The overt act, if any, has been specifically
attributed to co-accused Asad. The applicant has no criminal history and is
                                                                                              BAIL No. 31638 of 2026
                                                                      2


                                    in jail since 1.6.2026. He undertakes to cooperate with the trial and not
                                    misuse the liberty of bail.

                                    6. Learned A.G.A. has vehemently opposed the bail application but the
                                    submissions raised by the learned counsel for the applicant could not be
                                    disputed.

                                    7. Considering the facts and circumstances of the case, submissions made by
                                    learned counsel for the parties, the evidence on record, taking into
                                    consideration the fact that applicant is not named in the FIR coupled with the
                                    fact that no overt act has been assigned to him, and without expressing any
                                    opinion on the merits of the case, prima-facie the Court is of the view that
                                    the applicant has made out a case for bail. The bail application is allowed.

                                    8. Let the applicant- Shri Aatif, be released on bail in the aforementioned
                                    case crime on furnishing a personal bond and two sureties to the satisfaction
                                    of the court concerned, subject to verification of sureties, with the conditions
                                    that he shall not tamper with evidence or intimidate witnesses and shall
                                    appear before the trial court as required.

                                    9. Breach of any condition shall entail cancellation of bail. The observations
                                    herein shall not affect the trial on merits.



                                                                                               (Krishan Pahal,J.)
                                    September 9, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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