Allahabad High Court
MOHD SAIF @ MOHD ANJAAN @ BABLUversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is fit for bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mohd Saif, who is charged under Sections 2 and 3 of the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act. The applicant contended that he was falsely implicated, had been in custody since 16‑01‑2026, and was already on bail in related cases, while the State opposed the relief. The court examined the applicant’s bail history, the fact that a co‑accused had been granted bail, and the provisions of Section 19(4) of the relevant Act, without expressing any view on the merits of the underlying offence. Finding the circumstances suitable for bail, the court ordered his release on a personal bond of Rs. 50,000 with two sureties and imposed standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and clarified that the trial court remains free to decide the case on its merits.
Issues considered
- Whether bail can be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case instituted under the Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act.
- Whether the applicant’s prior bail status, criminal history, and the bail granted to a co‑accused affect the decision to grant bail.
- Whether the conditions prescribed under Section 19(4) of the Act justify the grant of bail.
Legislation cited
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Uttar Pradesh Gangsters and Antisocial Activities (Prevention) Act
- criminal procedure
- false implication
- sureties
- Section 19(4)
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6312 of 2026
Mohd Saif @ Mohd Anjaan @ Bablu
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ram Krishna Yadav, Shivakant, Subhash
Chandra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri S.K. Awasthi, learned counsel for the applicant, Sri B.P. Maurya, learned
AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 06 of 2026 under Section 2/3 of U.P. Gangsters and Antisocial
Activities (Prevention) Act, registered at P.S. Hussainganj, District Fatehpur during
pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 16.1.2026. It is
further submitted that applicant is on bail in both the cases shown against him in the
gang chart and apart from the above, he has criminal history of two cases out of
which, he is on bail in one case and final report has been submitted in the other case. It
is further submitted that co-accused Sahibe Alam has been granted bail by a Co-
ordinate Bench of this Court vide order dated 12.3.2026 passed in Crl. Misc. Bail
Application No. 6056 of 2026. It is further submitted that the applicant undertakes that
he will not misuse the liberty, if granted. It has also been pointed out that in the wake
of heavy pendency of cases in the Court, there is no likelihood of any early conclusion
of trial.
4. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant.
5. Applicant is on bail in both the cases shown against him in the gang chart and apart
from the above, he has criminal history of two cases out of which, he is on bail in one
case and final report has been submitted in the other case. Co-accused Sahibe Alam
has been granted bail by a Co-ordinate Bench of this Court
6. Upon considering the totality of facts, nature and the evidence reflected from record
and also taking into consideration the provision of Section 19(4) of the Act and
BAIL No. 6312 of 2026
2
without expressing any opinion on merits of the case, I find it to be a fit case for bail.
Hence, the present bail application is ALLOWED.
7. Let the applicant Mohd Saif @ Mohd Anjaan @ Bablu involved in the aforesaid
case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with
two sureties each in the like amount to the satisfaction of the Court concerned with the
following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 5, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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