Allahabad High Court
AFTAB @ GULABversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Aftab @ Gulab, accused of multiple offences including assault under several sections of the BNS. The applicant argued that he has no prior criminal record and that a co-accused, Wajid Ali, had already been released on bail by a coordinate bench. The State opposed bail, contending that the applicant participated in an assault causing injuries, and that the allegations against him are comparable to those against the co-accused. After reviewing the record, the court noted the applicant's clean record and the fact that he had been in custody for over four months. The court concluded that the applicant is entitled to bail, subject to a personal bond, two sureties, and conditions restricting tampering with evidence and further criminal activity. Consequently, the bail application was allowed without expressing any opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused Aftab @ Gulab under the listed charges considering the nature of the allegations and his lack of prior criminal history.
Legislation cited
- BNS — s. 109, 115(2), 126(2), 190, 191(1), 191(2), 324(4), 333, 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- prior criminal record
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6459 of 2026
Aftab @ Gulab
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Hamid, Vinay Kumar Singh
Counsel for Opposite Party(s): G.A., Manoj Kumar, Sabhya Dhar
Dwivedi, Sonakshi Kashyap
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Mahabir Yadav, Advocate holding brief of Sri Vinay
Kumar Singh and Sri Mohd. Hamid, learned counsel for the applicant,
Ms. Sabhya Dhar Dwivedi, learned counsel for the informant and Dr.
S.B. Maurya, learned A.G.A.-I for the State-respondent.
2. The instant application has been filed seeking release of the
applicant on bail in Case Crime No. 711 of 2025, under Sections
126(2), 352, 333, 190, 191(2), 191(1), 109, 115(2), 324(4), 351(3) of
BNS, Police Station- Gagaha, District- Gorakhpur, during pendency
of the trial in the court below.
3. Learned counsel for the applicant submits that on the basis of
general allegations, applicant has been made accused in the present
matter along two others including co-accused Wajid Ali and co-
accused Wajid Ali has been released on bail by the coordinate Bench
of this Court vide order dated 07.04.2026 passed in Criminal Misc.
Bail Application No.10938 of 2026.
4. He further submitted that applicant is not having previous criminal
history to his credit and in the present matter, he is in jail since
02.01.2026.
5. Per contra, learned AGA as well as learned counsel for the
BAIL No. 6459 of 2026
2
informant however opposed the prayer and submit that the applicant
and others made assault, due to which, two persons sustained
injuries but they could not dispute the fact that only general allegation
has been made against all the accused and co-accused Wajid Ali has
been released on bail by the coordinate Bench of this Court and as
far as allegations are concerned, case of the applicant is at par with
him.
6. I have heard learned counsel for the parties and perused the
record of the case.
7. However, as per allegations, due to assault made by applicant and
two others sustained injuries but co-accused Wajid Ali has been
released on bail by the coordinate Bench of this Court and as far as
allegations are concerned, the case of the applicant is at part with
him.
8. Further, applicant is having no criminal history to his credit and in
the present matter, applicant is in jail since 02.01.2026 i.e. for last
more than four months.
9. Therefore, considering the facts and circumstances of the case
discussed above, in my view applicant is entitled to be released on
bail.
10. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
11. Let the applicant- Aftab @ Gulab 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 the court concerned with the
following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any
BAIL No. 6459 of 2026
3
police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
12. In case of breach of any of the above condition, the prosecution
will be at liberty to move an application before this Court for
cancellation of the bail of the applicant.
13. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of bail
application and the said observations shall have no bearing on the
merits of the case during trial.
May 12, 2026
Mini
(Sameer Jain,J.)
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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