Allahabad High Court
MOHAMMAD ARIFversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail.
Summary
The applicant, Mohammad Arif, filed a bail application in a case registered under Sections 2(b)(i) and 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, alleging false implication due to police rivalry and asserting that he is not a gang member. He had already been granted bail in two other criminal cases and had been in custody since 25 July 2026. The State opposed the bail, but the court, after considering the submissions and the material on record, found that the applicant had made out a prima facie case for bail. Consequently, the court allowed the bail application, directing the applicant to furnish a personal bond and two sureties, with conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial, given the allegations of false implication and prior bail in other cases.
Legislation cited
- U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 — s. 2(b)(i), 3(1)
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- false implication
- criminal procedure
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33294 of 2026
Mohammad Arif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Shams Khan, Mohammad
Zafar Yab Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.21 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohammad Zafar Yab Khan, learned counsel for the applicant,
Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material
placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No.26 of 2026, under Section 2(b)(i), 3(1) of U.P. Gangster and Anti-
Social Activities (Prevention) Act, 1986, Police Station- Dumariaganj,
District- Siddharth Nagar, 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 two criminal cases shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
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. Learned counsel has further stated that there is
a criminal history of two cases against the applicant, which has been
explained. The applicant is languishing in jail since 25.7.2026. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
5. On the other hand, learned AGA opposed the prayer for bail.
BAIL No. 33294 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, 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.
7. Let the applicant- Mohammad Arif, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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