Allahabad: The Allahabad High Court has granted bail to accused Himanshu Thakur in two separate FIRs arising out of mob violence in Gautam Buddha Nagar, holding in one case that no specific role had been attributed to him despite the mob comprising 450-500 persons, and in the other extending the benefit of parity with a similarly placed co-accused already released on bail.
Bail granted in Case Crime No. 165 of 2026
Justice Avnish Saxena was hearing a bail application moved by Himanshu Thakur in Case Crime No. 165 of 2026, registered at PS Phase-2, Gautam Buddha Nagar, under multiple sections of the Bharatiya Nyaya Sanhita relating to rioting and voluntarily causing hurt, the Prevention of Damage to Public Property Act, and the Criminal Law Amendment Act.
Counsel for the applicant, Sri Qamar Ali Jafri, submitted that the FIR dated 15.04.2026 had implicated a mob of 450-500 men and women in connection with mob violence at a public place and at companies in Gautam Buddha Nagar, where a large workforce allegedly resorted to stone pelting and damaged public and company property. It was submitted that the applicant, arrested on 17.04.2026, had no specific role assigned to him in the FIR, and that although he had a criminal history of ten cases, he had already been granted bail in seven of them, with the remaining three bail applications pending. It was submitted that he had been in jail since 19.04.2026.
The learned A.G.A. for the State opposed the application, submitting that the applicant was instrumental in spreading the violence across the State through his social media handle and had used the internet to spread hatred.
Considering that no specific role had been attributed to the applicant in the mob violence, the Court, without touching the merits of the case, allowed the bail application, directing that the applicant be released on furnishing a personal bond and two sureties to the satisfaction of the court concerned, in light of the Supreme Court's observations in Girish Gandhi v. State of Uttar Pradesh, (2024) 10 SCC 674, and Policy Strategy for Grant of Bail, In re, (2024) 10 SCC 685. The Court directed that the accused-applicant cooperate in the judicial process for fair and speedy disposal.
Bail granted in Case Crime No. 164 of 2026
In a separate order, Justice Krishan Pahal allowed a bail application moved by the same applicant, Himanshu Thakur, in Case Crime No. 164 of 2026, also registered at PS Phase-2, Gautam Buddha Nagar, under similar provisions of the Bharatiya Nyaya Sanhita, the Criminal Law Amendment Act, and the Public Property Damage Act.
Having heard Sri Qamar Ali Jafri for the applicant and the learned A.G.A. for the State, the Court noted that a similarly placed co-accused, Ravi Kumar Rathore, had already been granted bail by a Co-ordinate Bench vide order dated 24.06.2026 in Criminal Misc. Bail Application No. 21329 of 2026, and that the criminal history attributed to the applicant stood explained. Holding that the applicant had made out a case for bail on the ground of parity, the Court allowed the application, directing his release on furnishing a personal bond and two sureties, subject to verification, with conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required, failing which the bail would be liable to cancellation. The Court clarified that its observations would not affect the trial on merits.
Appearances:
For the Applicant: Sri Qamar Ali Jafri, Advocate (in both matters); Sri Mayank Gaurav, Advocate (in Bail Application No. 27636 of 2026).
For the State: Learned A.G.A., including Sri V.K.S. Parmar.
Case Title: Himanshu Thakur vs. State of U.P., Criminal Misc. Bail Application No. 29382 of 2026 and Criminal Misc. Bail Application No. 27636 of 2026
