Chargesheet filing and Magistrate-triable offences supported regular bail; alleged syndicate leadership warranted only interim bail.

The applicants—Shafeek @ Mohd. Shafiq, Arif Ali and Sartaj Ali—were implicated in FIR No. 42 of 2026, registered at Police Station ITI, District Udham Singh Nagar, for offences under Sections 318(4), 351(3), 352 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

They had been in custody since 19 February 2026, and the police had already filed the charge-sheet.

The applicants contended that they were innocent, had been falsely implicated, and had no criminal antecedents; they further submitted that all alleged offences were triable by a Magistrate.

The complainant opposed bail, alleging that the applicants had operated an organised syndicate to cheat several persons.

It was stated that Sartaj Ali was the principal person organising the alleged syndicate, while Sartaj Ali and Arif Ali were also alleged to have antecedents in a POCSO case.

The State did not dispute that the charge-sheet had been filed and that the offences were triable by a Magistrate.

Whether Shafeek @ Mohd. Shafiq and Arif Ali should be granted regular bail after filing of the charge-sheet where the alleged offences were triable by a Magistrate

Whether Sartaj Ali, alleged to be the principal organiser of the syndicate and having an alleged POCSO-related criminal antecedent, should be granted regular bail or only interim bail

The Court applied the provisions of Sections 318(4), 351(3), 352 and 61(2) of the BNS, 2023, under which the applicants had been charge-sheeted.

In assessing bail, the Court considered the filing of the charge-sheet, the fact that the offences were triable by a Magistrate, the applicants’ custody, their alleged criminal antecedents, and their respective roles in the alleged offence.

The Court also applied the principle that bail may be granted subject to personal bonds, sureties and conditions aimed at securing the accused’s presence, preventing interference with the proceedings, and discouraging repetition of criminal conduct.

The Court treated the filing of the charge-sheet and the Magistrate-triable nature of the offences as significant factors favouring release on bail.

Shafeek was found entitled to regular bail because he had no criminal antecedents and was stated to have been working with Sartaj Ali.

Although Arif Ali was alleged to have a POCSO-related antecedent, the Court considered his position identical to that of Shafeek because he too was stated to have worked with Sartaj Ali; consequently, he was granted the same benefit.

Sartaj Ali was treated differently because the prosecution alleged that he was the principal person running the organised syndicate and that he was also wanted in a POCSO-related case.

Balancing these adverse factors against the fact that the charge-sheet had been filed and the offences were triable by a Magistrate, the Court granted him only short-term interim bail for one month so that his conduct could be monitored by the investigating agency.

Bail Application No. 1101 of 2026, filed by Sartaj Ali, was allowed only to the extent of granting short-term interim bail for one month from the date of release.

Sartaj Ali was directed to surrender before the concerned Jail Authorities upon expiry of the period, failing which a warrant could be issued.

All applicants were directed to attend the trial on every date, surrender their passports if any, not leave India, refrain from similar activities, and comply with the condition that breach could result in cancellation of bail.

The matters were directed to be listed on 12 October 2026.