The Allahabad High Court has granted bail to Mubarak Ali, who had been in jail since March 20, 2024, in a case registered at Bhitauli Police Station in Maharajganj district under several provisions of the IPC and the Information Technology Act.
The case involves allegations that Ali sent an email containing derogatory remarks against the Chief Minister of Uttar Pradesh. He had denied the allegation and disputed the claim that he had used the mobile number attributed to him.
Justice Krishan Pahal passed the order on September 3, 2026. While considering the bail plea, the Court took into account Ali's period of incarceration and the pace of the trial, without expressing any opinion on the merits of the case.
The bail application arose from Case Crime No. 87 of 2024 registered at Bhitauli Police Station in Maharajganj district under Sections 153A, 295A, 505(2), 504, 419, 420, 467, 468, 471 and 120-B of the IPC, along with Section 66 of the Information Technology Act.
According to the allegations recorded in the order, Mubarak Ali was accused of sending an email containing derogatory remarks against the Chief Minister of Uttar Pradesh while allegedly attempting to settle his case with the police informant, Jannatunnisha. The prosecution allegation also attributed the use of mobile number to him.
Ali's counsel denied the allegations and argued that he had not used the said mobile number. The defence further submitted that Ali had one previous criminal case, which had been explained, and that he had remained in jail since March 20, 2024. It was also argued that the trial was progressing slowly and that he would not misuse the liberty of bail if released.
The Court took note of the status of the trial. As per the status report dated July 23, 2026, four witnesses had been examined, and 26 witnesses were to be earmarked in the final report (charge sheet).
The Court observed, "If a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents." It also noted that the criminal history attributed to Ali had been properly explained.
Considering the period of incarceration, the pace of the trial, the submissions of both sides and the material on record, the Court found that Ali had made out a prima-facie case for bail without expressing any opinion on the merits of the case.
The bail application was accordingly allowed. Ali was directed to furnish a personal bond and two sureties of the same amount, subject to verification. He was also directed not to tamper with evidence or intimidate witnesses and to appear before the trial court as required.
Case Title: Mubarak Ali v. State of U.P.
Case Number: Criminal Misc. Bail Application No. 28974 of 2025
Judge: Hon'ble Krishan Pahal, J.
Decision Date: September 3, 2026
