Allahabad High Court
MOHAMMAD GULAM GAUSversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that the applicant is entitled to bail despite the prima facie case, subject to strict conditions.
Summary
The High Court considered a bail application filed by Mohammad Gulam Gaus, who was in custody since 17 October 2025 in a case under Sections 318(4), 338, 61(2), 336(2) of the B.N.S. and Section 66-D of the I.T. Act. The applicant claimed innocence, lack of credible evidence, and sought parity with co‑accused who had already been released on bail. The State opposed the application, but the court examined the nature of the accusations, the severity of potential punishment, and the risk of evidence tampering. While noting a prima facie case, the court found no sufficient ground to deny bail. Consequently, the bail was granted subject to a personal bond, sureties, and conditions prohibiting tampering, intimidation of witnesses, and criminal activity. The order also directed the applicant to appear regularly before the trial court.
Issues considered
- Whether bail should be granted to the accused under Sections 318(4), 338, 61(2), 336(2) of the B.N.S. and Section 66-D of the I.T. Act
- Whether there is a likelihood of the accused tampering with evidence, fleeing, or intimidating witnesses
Legislation cited
Subjects
- bail
- criminal procedure
- evidence tampering
- prima facie case
- conditions of bail
- Section 66-D
- B.N.S.
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42920 of 2025
Mohammad Gulam Gaus
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Upadhyay
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Arimardan Yadav, learned
AGA for the State-Respondent and perused the record.
This bail application has been moved on behalf of accused-applicant
seeking enlargement on bail in Case Crime No. 242 of 2025, under
Sections 318(4), 338, 61(2), 336(2) of the B.N.S. and Section 66-D of the
I. T. Act, Police Station Pali Mukeempur, District Aligarh.
Learned counsel for the applicant argued that the accused-applicant is
innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant submits that co-accused persons namely
Ashish @ Ashu, Jai Subhash alias Samar alias Mahendra Veer alias
Aman and Pankaj Kumar Yadav have already been released on bail vide
orders dated 23.02.2026, 11.03.2026 and 26.02.2026 passed in Crl. Misc.
Bail Application No. 45967 of 2025, 39399 of 2025 and 121 of 2026,
respectively, and applicant is seeking parity. The F.I.R. has been lodged
against one unknown person. He submits that the Investigating Officer
could not collect any credible evidence against the applicant. He submits
that there is no independent witness of the alleged incident. The applicant
is languishing in jail since 17.10.2025. He submits that the applicant has
no criminal antecedent. He submits that there is no likelihood of his
fleeing from course of justice or tampering with evidence in case of
release on bail. Hence, the bail has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not
BAIL No. 42920 of 2025
2
dispute the aforesaid fact raised by learned counsel for the applicant.
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of
supporting evidence, reasonable apprehension of tampering with the
witness and prima-facie case, but without commenting on merit of case, a
case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Mohammad Gulam Gaus, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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