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Allahabad High Court

ANIS SAQLAINIversusSTATE OF U.P.

Decided

Holding

Bail was granted to the accused as the allegations were omnibus and no specific overt act was attributed to him.

Summary

Anis Saqlaini applied for bail in a criminal case (Crime No. 492 of 2025) involving multiple serious offences under the BNS. The FIR, lodged on 27 September 2025, named 15 persons and 450 anonymous individuals, but did not specifically name Saqlaini. He was alleged to have attended a meeting on 19 September 2025 where a protest was planned, which later turned violent, resulting in property damage and firing. The State argued that his attendance indicated complicity, while the defence contended there was no specific overt act attributable to him and that co‑accused had already been granted bail. The Court, noting the lack of a specific charge against him and relying on recent Supreme Court dicta, allowed the bail application, ordering release on personal bond and sureties.

Issues considered

  • Whether bail should be granted to the accused when the FIR does not specifically name him but alleges attendance at a meeting that led to violent protest
  • Whether the absence of a specific overt act or detailed charge sheet precludes denial of bail

Legislation cited

  • BNS — s. 109, 132, 190, 191(2), 191(3), 221, 223, 302, 351(3), 352

Subjects

  • bail
  • criminal procedure
  • protest
  • violence
  • omnibus allegation
  • charge sheet
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 32545 of 2026

Anis Saqlaini
                                                          .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Abhinav      Shukla,   Ram     Shiromani
                                Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 69
                   HON'BLE AVNISH SAXENA, J.

1. Heard Sri Rishab Tiwari, learned advocate, holding the brief, appeared
for the accused-applicant and Sri Nitesh Srivastava, learned A.G.A. for
the State.

2. The present bail application has been moved by the applicant accused-
Anis Saqlaini to enlarge him on bail in Case Crime No. 492 of 2025,
under Sections 191(2), 191(3), 190, 221, 223, 302, 109, 132, 352, 351(3)
of BNS, P.S.- Kotwali, District- Bareilly during the pendency of trial.

3. It is the contention of learned counsel for accused applicant that the
police has lodged the FIR on 27.9.2025 against 15 named and 450
anonymous persons. The accused applicant is not named in the FIR
lodged, with the allegation that on 26.9.2025, the police was on law and
order duty as Maulana Taukir Raza has called all the persons of one sect
at Islamia College to protest due to ill statement against their Nabi.
Section 163 BNSS was invoked. The persons gathered in huge numbers
and ransacked the public property, pelted stones and also opened fire.
They have damaged the public property. There was commotion in the
place. It is further contended that the accused applicant though arrested
but he has no specific role attributed on him. It was a peace march, those
who have turned violent had the main role. No complicity of accused-
applicant is shown in the present case except that he has attended one of
the meeting dated on 19.09.2025. Further contended that the co-accused
having the similar role, namely, Sahil, Takeem and Kasaan have already
                                                                                            BAIL No. 32545 of 2026
                                                                   2


                                    been granted bail by the coordinate Bench of this Court. The applicant has
                                    15 cases criminal history, where, in 11 cases, he is on bail and in four
                                    cases, the bail application has not been moved. The charge sheet is
                                    submitted. The applicant is languishing in jail since 15.10.2025 and
                                    hence, seeks to be enlarged on bail.

                                    4. Learned A.G.A. for the State has opposed the bail and submits that the
                                    name of accused-applicant is not mentioned in the F.I.R., but his
                                    complicity in the case is shown that he has attended one of the meeting on
                                    19.09.2025, wherein it was decided that on 26.09.2025, the accused
                                    persons will protest and taken the city on ransom and hence, submits that
                                    the bail application should be rejected.

                                    5. This Court has taken into consideration the rival submissions made by
                                    learned counsel for the parties and perused the record.

                                    6. On query about the submission of charge sheet, there is no specific
                                    averment whether the charge sheet has been submitted or not.

                                    7. Considering that there is no specific overt act attributed on the accused-
                                    applicant and omnibus allegation.

                                    8. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    9. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    10. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                            (Avnish Saxena,J.)
                                    September 18, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad


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