Allahabad High Court

SHEIKH MOHAMMAD ARIFversusSTATE OF U.P.

Decided: 13 September 2026
Bench: VIKRAM D CHAUHAN

Holding

The court granted anticipatory bail to the applicant, finding no sufficient grounds to deny it.

Summary

The High Court of Allahabad considered an anticipatory bail application filed by Sheikh Mohammad Arif, who is alleged to be involved in offences under Sections 409, 420, 467, 468, 471, 204, 120B of the IPC and Section 13(2) of the Prevention of Corruption Act, 1988. The applicant, a college director, claimed the allegations were false, that the deposited funds were misdirected to a private account, and that there was no evidence of his complicity. The State counsel could not produce material showing a prima facie case, risk of evidence tampering, or any threat to the investigation, and the applicant had no criminal antecedents. The court held that bail's purpose is to secure attendance and found no grounds to deny anticipatory bail. Consequently, the court granted anticipatory bail with a personal bond of Rs.25,000 and a set of conditions to ensure cooperation with the investigation.

Issues considered

Whether the applicant is entitled to anticipatory bail despite allegations under multiple IPC and anti‑corruption provisions.
Whether there is a prima facie case, risk of evidence tampering, or threat to the investigation that would justify denial of bail.
Whether the applicant's lack of criminal antecedents and cooperation prospects warrant granting bail.

Legislation cited

Indian Penal Code — s. 120B, 204, 409, 420, 467, 468, 471
Prevention of Corruption Act, 1988 — s. 13(2)

Subjects

anticipatory bail
criminal procedure
Indian Penal Code
Prevention of Corruption Act
bail conditions
prima facie case
evidence tampering

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9176 of 2026

Sheikh Mohammad Arif
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Bachchu Lal Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.

1. The present Anticipatory Bail Application has been filed with the
prayer to grant anticipatory bail to the applicant - Sheikh Mohammad
Arif in Case Crime No.0009 of 2021, under Sections 409, 409, 420, 467,
468, 471, 204, 120B I.P.C. and Section 13(2) of Prevention of Corruption
Act, 1988, Police Station - Kanpur Sector (EOW), District Kanpur Nagar.

2. Heard learned counsel for the applicant as well as learned AGA and
perused the material available on record.

3. It is submitted by learned counsel for the applicant that applicant is the
Director of the Engineering College. The State Government has issued
Rs.14 lacs to be deposited in the college account. However, the aforesaid
amount has been deposited in the account of a private person. There is no
evidence against the applicant with regard to complicity of the applicant.
The applicant is unnecessarily being harassed. It is further submitted by
learned counsel for applicant that applicant is innocent and has no
concern with the present matter. Allegations levelled against the applicant
are false. No prima facie case is made out against the applicant. If the
applicant is enlarged on anticipatory bail, he will not misuse the liberty
and cooperate with the investigation. The applicant has apprehension of
his/her arrest by the police any time.

4. Time was granted to learned A.G.A. to go through the case and point
out the material found against the applicant. However, learned A.G.A.
NABAIL No. 9176 of 2026
2

submits that there are general allegations against the applicant.

5. It is not shown by learned AGA that the offence in question will have
impact on society at large. It is not shown that act causes harm to the
society. The accusations arise out of dispute between individuals. It is not
shown by learned AGA that the nature and gravity of allegations are such
that the same would disentitle the applicant for relief of anticipatory bail.
Learned AGA has not raised concern that any prejudice would be caused
to free, fair and full investigation in the event the applicant is granted
anticipatory bail. No material, facts, circumstances or concern been
shown by learned AGA for the State that the accused may tamper with the
evidence or witnesses or accused is of such character that his mere
presence at large would intimidate the witnesses or that accused will use
his liberty to subvert justice or tamper with the evidence.

6. Learned Counsel for opposite parties has not placed any criminal
antecedents of the applicant. The applicant has no criminal history.

7. It is settled principle of law that the object of bail is to secure the
attendance of the accused. No material particulars or circumstances
suggestive of the applicant fleeing from justice or thwarting the course of
justice or creating other troubles in the shape of repeating offences or
intimidating witnesses and the like have been shown by learned AGA for
the State.

8. In view of the above, the applicant is granted anticipatory bail in
respect of offence described in para 1 of the present order. In the event of
arrest of the applicant, he shall be released on anticipatory bail on his
furnishing a personal bond of Rs.25,000/- with two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-

(i) The applicant shall make himself available for interrogation by a
police office as and when required.

(ii) 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
NABAIL No. 9176 of 2026
3

office.

(iii) The applicant shall not leave India without the previous permission of
the Court concerned.

(iv) In the event, the applicant changes residential address, the applicant
shall inform the court concerned/Investigating Officer about new
residential address in writing.

(v) The applicant shall cooperate with the investigation and make himself
available for interrogation whenever required.

(vi) The applicant shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or yet to be collected
by the police.

(vii) The applicant shall maintain law and order.

(viii) The applicant shall at the time of execution of the bond, furnish his
address and mobile number to investigating officer, and the court
concerned.

(ix) The applicant shall regularly remain present during the trial, and
cooperate with the Court to complete the trial for the above offences.

(x) Non presence of the applicant or his counsel before the court
concerned shall be construed as violation of the present order and the
court concerned would be at liberty to take coercive measures in
accordance with law.

9. In case of default of any of the conditions, the Investigating Officer
shall be at liberty to file appropriate application for cancellation of
protection granted to the applicant.

10. With the directions made above, the anticipatory bail application
stands allowed.

(Vikram D. Chauhan,J.)
September 14, 2026
Bhaskar

Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad

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