Allahabad High Court Grants Bail to Former SP MLA Irfan Solanki in Gangster Act Case

The Allahabad High Court on Thursday granted bail to former Samajwadi Party MLA Irfan Solanki in a case filed under the Uttar Pradesh Gangster Act.

The bench of Justice Sameer had reserved judgment on September 2. This judgment paves the way for Solanki’s release from Maharajganj Jail, where he has been detained along with the co-accused for last more than two and half years.

In the present case, the FIR was lodged on December 26, 2022, under Section 3(1) of the U.P. Gangsters Act, named former MLA Irfan Solanki as a gang leader along with four associates accused of engaging in anti-social activities. It was based on a gang chart that cited a single “base case” against him involving charges of rioting, arson, extortion, criminal intimidation, and conspiracy under various IPC sections.

During the hearing, opposing the bail plea, the State’s Additional Advocate General Manish Goyal maintained that Solanki had misused his political influence and was deeply involved in organized crime. He highlighted Solanki’s conviction in an extortion-related case and argued that under Section 19(4) of the Gangsters Act, the court must be satisfied that the accused is not guilty and unlikely to reoffend before granting bail.

In their defense, senior counsel Imran Ullah contended that the gang chart did not comply with the mandatory provisions of the Gangsters Rules, 2021. He pointed out that while the Additional Commissioner and Deputy Commissioner of Police approved the gang chart on December 24, 2022, the Commissioner of Police gave approval a day later. According to Rule 5(3)(a), such approval must be simultaneous in a joint meeting, making the document defective. Further, the chart had been approved in a “cryptic manner” without any application of mind, contrary to Rule 17.

He also stressed that while Solanki has 17 criminal cases in his history, most had either been withdrawn, resulted in final reports, or involved minor violations. In the one case where he was convicted, his appeal is pending before the High Court, which has already granted him bail. They relied on precedents set by the Supreme Court in Vinod Bihari Lal v. State of U.P. (2025) and by the Allahabad High Court in Sanni Mishra v. State of U.P. (2023), both of which emphasized strict compliance with Gangsters Rules.

Justice Jain noted that prima facie the gang chart was not approved in line with mandatory rules, which weakened the foundation of the case. “Merely on the basis of criminal antecedents of the applicant, his bail application should not be withheld,” the court observed.

Accordingly, without expressing any opinion on the merits of the case, court allowed Solanki’s bail application. He was directed to furnish a personal bond and two sureties, and to abide by conditions prohibiting intimidation of witnesses and involvement in criminal activities. Any violation, the court warned, could lead to cancellation of bail.

Irfan Solanki first entered electoral politics in 2007, winning the Arya Nagar seat under the Samajwadi Party banner. Later, he shifted to contest from Sisamau, securing successive victories in 2012, 2017, and 2022, remarkably retaining his seat even during the BJP’s strong showing in 2017. His wife, Naseem Solanki, currently holds the Sisamau seat in the Uttar Pradesh Assembly.

Case Title: Irfan Solanki vs State of UP

Order Date: September 25, 2025

Bench: Justice Sameer Jain