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Allahabad High Court

AFROJversusSTATE OF U.P.

Decided

Holding

The Court granted anticipatory bail to the applicant.

Summary

The High Court considered an anticipatory bail application filed by Afroj under Section 482 of the Criminal Procedure Code in a case registered under Sections 2 and 3 of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. The applicant claimed false implication, noting that she was already on bail in a single base case shown in the gang chart and had no prior convictions, though she had four other pending cases. The State opposed the relief but could not refute the applicant’s submissions. Weighing the lack of a prior conviction and the fact that the only base case already had bail, the Court deemed it appropriate to grant anticipatory bail with standard conditions. The order directed that if arrested, the applicant be released on personal bond and surety, subject to conditions such as cooperation with police, no intimidation of witnesses, and no travel abroad without permission.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 CrPC in view of the pending case under the U.P. Gangsters Act and her criminal history.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • U.P. Gangsters Act
  • criminal history
  • bail conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9590 of 2026

Afroj
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                   :   Rakesh Kumar Maurya
Counsel for Opposite Party(s)              :   G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.159 of 2025, under Section 2/3 of U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. - Barla,
District- Aligarh, with a prayer to enlarge her on anticipatory bail as the
applicant apprehends her arrest in the above-mentioned case.

3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. Only single base case has been
shown in the gang chart against the applicant and in the said case, the
applicant is on bail. The applicant has not been convicted in any offence.
Apart from the present case and base case shown in the gang chart,
applicant is having criminal history of four other cases, which have been
duly explained in the instant bail application.

4. The Learned A.G.A. has opposed the prayer for grant of anticipatory
bail, however, has been unable to dispute the submissions made by the
Learned counsel for the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties.

6. Taking into consideration the fact that only single base case has been
                                                                                          NABAIL No. 9590 of 2026
                                                                   2


                                    shown against the applicant in which the applicant is on bail, apart from
                                    the present case and base case shown in the gang chart, applicant is
                                    having criminal history of four other cases, which have been duly
                                    explained and also the fact that applicant is not a previous convict, I deem
                                    it fit to enlarge the applicant on anticipatory bail.

                                    7. In view of the above, the anticipatory bail application of the applicant
                                    is allowed.

                                    8. In the event of the arrest of the applicant Afroj she shall be released
                                    forthwith in the aforesaid case crime on anticipatory bail on furnishing a
                                    personal bond and surety each in the like amount to the satisfaction of the
                                    Station House Officer of the police station/Court concerned with the
                                    following conditions:-

                                    i. the applicant shall make herself available for interrogation by a police
                                    officer as and when required;

                                    ii. that 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 her from disclosing such facts to the Court or to any police
                                    officer;

                                    iii. that the applicant shall not leave India without the previous permission
                                    of the Court;

                                    iv. that the applicant shall not pressurize/intimidate the prosecution
                                    witness;

                                    9. In case of breach of any of the above conditions, the Court concerned
                                    shall be at liberty to cancel the bail.

                                    10. It is made clear that observations made hereinabove are exclusively
                                    for deciding the instant anticipatory bail application and are not to be
                                    considered to be an opinion on the merits of the case.



                                                                                      (Rajiv Lochan Shukla,J.)
                                    September 16, 2026
                                    S.A.




Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad


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