Mohd Shoiab vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2026)

Mohd Shoiab vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted till 25.3.2026 on personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to four conditions; final consideration deferred — case to be put up as fresh on 25.3.2026 at 02.00 p.m. and learned AGA directed to obtain instructions in the matter by the next date fixed.

Issue for consideration

Whether the applicant Mohd Shoiab is entitled to anticipatory bail in Case Crime no. 201 of 2025 under Sections 126(2), 140(1), 308(5) of B.N.S., Police Station Mundha Pandey, District Moradabad.

Court's answer

Considering the facts and circumstances of the case and without expressing any opinion on the merits, the applicant Mohd Shoiab is to be released on interim anticipatory bail, in the event of his arrest, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 25.3.2026, subject to conditions: (i) not tampering with evidence and appearance before the trial Court on dates fixed unless exempted; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police; (iii) co-operation during trial and no misuse of the liberty of bail; (iv) not leaving India without prior permission of the Court concerned.

Ratio / Principle

In default of any of the bail conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

Detailed headnote1 paragraphs

Anticipatory bail (S. 482 BNSS) — interim protection granted. The High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.), without expressing any opinion on the merits, released applicant Mohd Shoiab on interim anticipatory bail till 25.3.2026 in Case Crime no. 201 of 2025 under Sections 126(2), 140(1), 308(5) of B.N.S., Police Station Mundha Pandey, District Moradabad, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions against tampering with evidence, inducement or threat, misuse of liberty, and leaving India without prior permission. Counsel had urged that the applicant's name surfaced only in the confessional statement of co-accused Raza Chaudhary, that co-accused Mursaline and Haris had already been enlarged on anticipatory bail, and that the applicant had no criminal history; the learned A.G.A. had no instructions. In default of conditions, prosecution free to seek cancellation; case listed fresh on 25.3.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1327 of 2026

Mohd Shoiab

.....Applicant(s)

Versus

State of U.P. and Another		...	..Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar Srivastava	Srivastava,	Kartikey
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Sri Anil Kumar Srivastava, learned counsel for the applicant, Sri B.P. Singh, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 201 of 2025 under Sections 126(2), 140(1), 308(5) of B.N.S., Police Station Mundha Pandey, District Moradabad with the prayer that in the event of arrest, the applicant may be released on bail.

It is contended by learned counsel for the applicant that name of the applicant has surfaced in the confessional statement of co-accused Raza Chaudhary. It is further submitted that co-accused Mursaline has already been enlarged on anticipatory bail by this Court vide order dated 09.12.2025 passed in Crl. Misc. Anticipatory Bail Application No.10047 of 2025. It is further submitted that another co-accused Haris has also been enlarged on anticipatory bail by this Court vide order dated 02.2.2026 passed in Crl. Misc. Anticipatory Bail Application No. 18 of 2026. Applicant has no criminal history to his credit.

On the other hand, learned A.G.A. submits that he has not received instructions in the matter as yet.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, let the applicant Mohd Shoiab in the event of his arrest, be released on interim anticipatory bail on

NABAIL No. 1327 of 2026

2

his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 25.3.2026 with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(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/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

Put up this case as fresh on 25.3.2026 at 02.00 p.m.

In the meantime, learned AGA is directed to obtain instructions in the matter by the next date fixed.

(Jitendra Kumar Sinha,J.)

February 11, 2026 Madhurima

Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad