The Allahabad High Court has granted bail to a man who had been in jail for about 2.5 years in a case involving allegations that he sent an email containing derogatory remarks against Yogi Adityanath, the Chief Minister of Uttar Pradesh.

A bench of Justice Krishan Pahal allowed the bail application of Mubarak Ali, who was booked in 2024 under Sections 153A, 295A, 505(2), 504, 419, 420, 467, 468, 471, and 120-B of the IPC and Section 66 of the Information Technology Act.

As per the allegations, Ali sent an email "passing derogatory remarks" against the Chief Minister of Uttar Pradesh in order to settle his case with the police informant, Jannatunnisha.

Ali's counsel argued that he had been falsely implicated and that he had only one case in his criminal history

It was also pointed out that Ali had been languishing in jail since March 20, 2024, and that the trial was moving at a “snail's pace”. The State, on the other hand, opposed the bail application.

The High Court had earlier summoned the status of the trial and found that as of July 23, 2026, only 4 witnesses had been examined, while 26 witnesses remained to be examined as per the final report (charge-sheet).

Against this backdrop, the Court observed that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents.

The Bench noted that the criminal history attributed to Ali had been properly explained.

Considering the facts and circumstances of the case, the parties' submissions, and the evidence on record, the Court took into account the period of incarceration and the speed of the trial.

Without expressing any opinion on the merits of the case, the Court said that the applicant had made out a case for bail. The bail application was thus allowed.

The Court consequently directed that Ali be released on bail upon furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to verification of the sureties.

He was also directed not to tamper with the evidence or intimidate witnesses and to appear before the trial court as required.

The Court clarified that any breach of the bail conditions would constitute grounds for cancellation of bail.

It also made clear that the observations made while granting bail would "not in any way affect" the trial judge in forming an independent opinion based on the testimony of witnesses.

Case title - Mubarak Ali vs. State of UP 2026 LiveLaw (AB) 709

Case Citation: 2026 LiveLaw (AB) 709

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