Serious Allegations and Need for Custodial Interrogation Cited as Reasons for Rejection
In a significant ruling, the Allahabad High Court has denied the anticipatory bail application of Dr. Abdul Ghaffar, who stands accused of serious offences related to national security, integrity, and harmony. The decision was rendered by a division bench comprising Justices Rajesh Singh Chauhan and Pramod Kumar Srivastava on January 9, 2026, in response to Criminal Appeal No. 4153 of 2025.
The court emphasized that the allegations against Dr. Ghaffar were grave, involving activities that allegedly threaten the nation's safety and integrity. It was noted that the custodial interrogation of the accused might be necessary to unearth crucial evidence, given the severity of the charges.
The case originated from an FIR lodged on October 11, 2023, implicating Dr. Ghaffar and others under various sections of the Indian Penal Code, the Foreigners Act, and the Passport Act. The court observed that while the co-accused had been arrested and granted bail, Dr. Ghaffar remained at large, despite non-bailable warrants and a proclamation order issued against him.
The prosecution argued that Dr. Ghaffar was the central figure in a syndicate facilitating illegal activities, including aiding unauthorized Bangladeshi and Rohingya individuals in India. It was alleged that significant financial transactions were made to support these activities, with funds being channeled through Dr. Ghaffar's organization, Sun Shine Health and Social Welfare Society.
During the hearing, the court expressed dissatisfaction with the investigating agency's handling of the case, particularly their failure to execute timely search warrants and apprehend the accused. The bench directed that a copy of the order be sent to senior officials of the Uttar Pradesh government for appropriate action.
In light of the serious allegations and the materials collected during the investigation, the court concluded that granting anticipatory bail would impede the investigation process. The bench reiterated that the principles for anticipatory bail differ from those for regular bail, particularly in cases involving national security.
Dr. Ghaffar has been advised to cooperate with the investigation and may still seek regular bail if taken into custody. The court's decision underscores the judiciary's cautious approach in matters with potential implications for national security.
Bottom Line:
Anticipatory bail can be refused in cases where allegations are serious, relating to the safety, security, and harmony of the country, and where custodial interrogation may be required.
Statutory provision(s): Criminal Procedure Code, 1973 Section 438, National Investigation Agency Act, 2008 Section 21(4), Indian Penal Code Sections 120-B, 419, 420, 467, 468, 471, 370, Foreigners Act Section 14, Passport Act, 1967 Sections 12(1) & 12(2).
Dr. Abdul Ghaffar v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2836500
