Court considers nature of accusation and applicant's cooperation pledge; sets conditions for bail
The Allahabad High Court, in a judgment dated January 27, 2026, granted interim anticipatory bail to Mohd Alam, an appellant in a criminal case registered at the Sambhal Police Station, District Sambhal. The court, presided over by Justice Jitendra Kumar Sinha, deliberated on the anticipatory bail application filed under Section 438 of the Criminal Procedure Code, 1973, which deals with anticipatory bail provisions.
The case, registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, involved allegations against Alam who claimed innocence and expressed fear of arrest. Alam's counsel, Prabhav Srivastava, argued that the appellant was not named in the FIR and was himself a victim, having suffered a gunshot wound during the incident. Srivastava assured the court of Alam's cooperation during the trial and adherence to bail conditions.
The court, while considering the anticipatory bail, took into account the principles laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra (2011). It emphasized the need to evaluate the nature and gravity of the accusations, the antecedents of the accused, and the possibility of the accused fleeing justice. The court also stressed the importance of examining all available material against the accused and the specific role played by the accused in the alleged crime.
Justice Sinha granted interim anticipatory bail to Alam, subject to several conditions. Alam is required to furnish a personal bond of Rs. 50,000 with two sureties of the same amount. The conditions stipulate that Alam must not tamper with evidence, threaten or induce any witnesses, and must appear before the trial court unless exempted. Furthermore, he is restricted from leaving the country without the court's prior permission. The court warned that any breach of these conditions could result in the cancellation of the interim anticipatory bail upon the prosecution's request.
The case is scheduled for further hearing on February 25, 2026, allowing the prosecution time to file a counter affidavit.
Bottom Line:
Anticipatory Bail - Grant of interim anticipatory bail is subject to consideration of the nature and gravity of accusation, antecedents of the accused, possibility of the accused fleeing from justice, and evaluation of the material against the accused.
Statutory provision(s): Section 438 of the Criminal Procedure Code, 1973, Bharatiya Nyaya Sanhita, 2023.
Mohd Alam v. State of U.P., (Allahabad) : Law Finder Doc Id # 2844529
