Miss Lucy
← All judgments

Mohd Inam vs State Of U.P.

Allahabad High Court6 May 2026

Ratio decidendi

The rule this decision rests on

Where an accused charged under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 has been in custody since 19 March 2026, is not a previous convict for a heinous crime, is on bail in base cases shown in the gang chart, and the entire facts and circumstances of the case are considered, a prima facie case for bail is made out and bail may be granted on personal bond and sureties during the pendency of trial. Breach of bail conditions may be grounds for cancellation of bail by the trial court. A bail order may be released on the basis of a computer-generated copy from the official website of the High Court, verified by counsel with an undertaking that the certified copy will be filed within fifteen days. The trial court shall transmit the release order to the jail through the Bail Order Management System to ensure early release of the applicant.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

HIGH COURT OF JUDICATURE AT ALLAHABADNeutral Citation No. - 2026:AHC:104993HIGH COURT OF JUDICATURE AT ALLAHABADCRIMINAL MISC. BAIL APPLICATION No. - 15353 of 2026Mohd Inam.....Applicant(s)VersusState of U.P......Opposite Party(s)Counsel for Applicant(s):Vijay Pratap SinghCounsel for Opposite Party(s):G.A.Court No. - 72HON'BLE RAJIV LOCHAN SHUKLA, J.

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

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.01 of 2026, under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Nagar, District- Muzaffar Nagar, during the pendency of the trial.

3. The learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. Learned counsel further contends that two base cases have been shown in the gang chart against the applicant and the applicant is on bail in the said cases. Apart from the base cases, the applicant has a criminal history of six other cases and the applicant is on bail in all the cases except Case Crime No.407 of 2015, in which the applicant has been acquitted, and Case Crime No.677 of 2014, under Section 60 of the Excise Act, where the applicant confessed his involvement and was fined Rs.2,000/-.

4. The learned A.G.A. has opposed the prayer for bail, however could not dispute the explanation given regarding criminal antecedents of the applicant.

5. I have considered the submissions made by the learned counsel for the parties.

6. The applicant is in jail since 19.03.2026. He is not a previous convict for a heinous crime. He is on bail in the base cases shown in the gang chart.

7. Taking into considering the entire facts and circumstances of the case and without expressing any opinion on the merits of the case, a prima facie case for bail is made out.

8. Let the applicant - Mohd. Inam, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the Court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial Court, unless his personal appearance is exempted by the Court concerned.

9. In the event of breach of any of the aforesaid conditions, the Court below will be at liberty to proceed to cancel his/her bail.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)

May 6, 2026

Kushal

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free