The Allahabad High Court has granted bail to former MLA Irfan Solanki, who was accused under the U.P. Gangsters and Anti-Social Activities Prevention Act for allegedly setting fire to a woman’s house in December 2022. This bail, which comes on the heels of the release of Azam Khan, could be a significant boost to the Samajwadi Party.
The ruling, delivered by Justice Sameer Jain, also makes significant observations on procedural lapses and the political use of the state’s Gangsters Act.
The judge also noted that, while Solanki had a history of 17 criminal cases, several had been resolved without conviction, and others were on appeal or involved minor infractions. Moreover, he had already spent more than two and a half years in jail, more than the minimum of two years under the Act.
Solanki and four others, including his brother, were booked under Section 31 of the U.P. Gangsters Act following an FIR that named Solanki as a ‘gang leader’. This designation, Solanki’s counsel argued, was an overreach as it depended on just one act while the Act itself had stringent provisions for one to be so named.
Solanki’s gang chart referenced a base case involving serious offences under various IPC sections, including extortion, criminal conspiracy, and violence. These, his counsel argued, stemmed from his political background.
His counsel pointed to other mandatory provisions of the Gangsters Rules, 2021, which had been overlooked, including a joint meeting and application of mind by authorities before finalizing the chart. He argued that Solanki was a victim of political victimisation. The bail application itself extensively explained his criminal history with several cases withdrawn or ending in bail.
One key case that the defence relied on was Vinod Bihari Lal v. State of U.P. (2025), in which the High Court had maintained that a lack of material evidence in invoking the Act amounted to ‘abuse of process’. The court had also maintained that the Act must not be used as a tool of harassment and that cases not be filed based purely on conjecture.
The prosecution’s argument was that bail should be denied based on the applicant’s criminal antecedents and the gravity of the offences.
Justice Jain’s decision cited procedural defects in the gang chart’s approval and the absence of compelling grounds to presume guilt at the bail stage. The order set conditions for bail, including mandatory court appearances and prohibitions on tampering with evidence or engaging in further criminal activity.
This bail order is significant as it spotlights persistent issues in the enforcement of the U.P. Gangsters Act, including the tendency of state authorities to overlook mandatory procedures. It underscores the judiciary’s insistence on due process, especially in politically charged cases.
Solanki’s bail is significant for the Samajwadi Party as he is a politician with deep roots who has managed since 2007 to hold on to his seat- Sisamau (Kanpur) even when a BJP wave swept through the state. In a by-election in 2024, his wife, Naseem, won the seat, riding largely on the emotional appeal and sympathy for her husband.
In addition, the court’s observations give fuel to the Samajwadi Party to argue that the state government wantonly misuses the law to serve its political goals. Coming on the heels of the release of the party’s other prominent Muslim face, Azam Khan, it will also give a boost to the party’s PDA (Pichda, Dalit, Alpasankhyak) pitch.