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Allahabad High Court

MOHD ASIFversusSTATE OF U.P.

Decided

Holding

The court allowed the anticipatory bail application, finding no sufficient ground to deny bail.

Summary

The applicant, Mohd Asif, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case registered under Sections 2 and 3(1) of the U.P. Gangsters and Anti‑Social Activities (Prevention) Act, 1986. He claimed false implication, noting that the only case shown against him in the gang chart is a single base case for which he is already on bail and that he has no prior convictions. The State opposed the bail but could not refute the applicant’s submissions. The court considered the lack of criminal history and the fact that the applicant was already on bail in the base case, and consequently granted anticipatory bail with standard conditions. The order also clarified that the observations are limited to the bail application and not an opinion on the merits of the underlying case.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 CrPC in view of the facts of the case under the U.P. Gangsters Act
  • Whether the applicant’s lack of prior convictions and existing bail in the base case justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • U.P. Gangsters Act
  • false implication
  • bail conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9610 of 2026

Mohd Asif
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                           :    Najakat Ali
Counsel for Opposite Party(s)                      :    G.A.

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

1. Heard, Ms. Rehana Siddiqui, Learned Advocate, holding the brief of
Sri Najakat Ali, the 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.235 of 2026, under Section 2/3(1) of U.P.
Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. -
Puramufti, District- Prayagraj, with a prayer to enlarge him on
anticipatory bail as the applicant apprehends his 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.
The applicant has no other criminal history except the single base
case shown against him in the gang chart.

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 a single base case has been
                                                                                          NABAIL No. 9610 of 2026
                                                                   2


                                    shown against the applicant in which the applicant is on bail, having no
                                    other criminal history 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 Mohd Asif, he 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 himself 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 him 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 30, 2026
                                    Sachin




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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