Allahabad High Court
MOHD NAUSHADversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that the accused is entitled to bail despite the seriousness of the charges and prior history, and granted bail without addressing the merits of the case.
Summary
The High Court considered a bail application filed on 30 September 2026 by Mohd. Naushad, who was in custody for offences under Sections 420, 467, 468 and 471 of the IPC arising from a 2009 loan fraud involving a property already mortgaged. The applicant argued that the loan of Rs. 4.5 lakh was taken on a mortgaged property, the property had been auctioned, and the trial was at a nascent stage, while also noting his prior criminal case. The State opposed bail, contending the seriousness of the offences and the applicant's alleged bail‑jumping. After hearing both sides, the Court held that the applicant was entitled to bail and granted it without delving into the merits of the case. Bail was conditioned on a personal bond and two sureties, following the Supreme Court’s recent bail guidelines in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for Grant of Bail in re.
Issues considered
- Whether bail should be granted to an accused charged with offences under Sections 420, 467, 468 and 471 IPC in view of the nature of the alleged fraud and prior criminal history.
- Whether the Supreme Court’s 2024 bail guidelines apply to this case.
Legislation cited
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- bail
- criminal procedure
- IPC
- loan fraud
- mortgage
- prior conviction
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3780 of 2026
Mohd Naushad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishabh Shukla, Yogendra Nath Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Rajendra Prakash Shukla, learned counsel holding brief for
the accused applicant and learned A.G.A. for State.
2. The present bail application has been moved by the applicant/ accused-
Mohd. Naushad to enlarge him on bail in Case Crime No. 1482 of 2009,
under Sections 420, 467, 468, 471 IPC, P.S.- Nai Mandi, District-
Muzaffarnagar, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the matter is of
the year 2009 lodged by the Bank Manager with the allegation that the
accused persons had taken loan on the property which was already
mortgaged. It is the contention of learned counsel that loan of Rs. 4.5
Lakhs was taken. The accused/applicant was already enlarged on bail but
could not appear before the trial court, as such, processes have been
issued after submission of charge sheet. The accused/applicant has been
arrested on the basis of processes issued by the trial court and since
14.09.2025 the accused/applicant is in jail. The trial is still at nascent
stage. Further submits that the propery which was already auctioned by
the Bank. The applicant has criminal history of one case, wherein he is in
jail. He seeks to be enlarged on bail.
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
BAIL No. 3780 of 2026
2
learned counsel for the parties and perused the record.
6. Considering the role of accused/applicant of taking loan from the Bank
on the property which was already mortgaged and the matter pertains to
jumping of bail, the accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. 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].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 30, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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