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2026 DAILYLAW 2333 (ALL)

NOOR MOHAMMAD v. STATE OF U.P.

BAIL/9472/2026 · 2026-05-11

Sameer Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9472 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by the State is taken on record. 2. Heard Sri V.P.Singh Kashyap, learned counsel for the applicant, Sri B.A. Khan, learned Senior Advocate assisted by Sri Shahbaz Hassan, learned counsel for informant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 484 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, Police Station Khoda, District Ghaziabad during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is father-in-law of the deceased and on the basis of false allegation he has been made accused in the present matter along with others including mother-in-law of the deceased Sakeena Begam and co-accused Sakeena Begum has been released on bail by this Court and her bail order has been annexed at page-81 of the paper- book and as far as allegations are concerned, the case of applicant is at par with her. 5. He further submits, however, it is a case in which deceased sustained some injuries but as per autopsy surgeon she died due to hanging and considering all these facts, mother-in-law has been released on bail and there is no occasion to take contrary view in the case of applicant, who is father- in-law of the deceased. Versus Counsel for Applicant(s) : Manish Kumar Kashyap, Virendra Pal Singh Counsel for Opposite Party(s) : G.A., Shahbaz Hassan Noor Mohammad .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submits, there is no specific allegation against applicant and applicant is not having any criminal history and in the present matter he is in jail since 20.11.2025 i.e. for last six months. 7. Per contra, learned AGA as well as learned counsel for informant however opposed the prayer for bail and submit, daughter-in-law of the applicant died under abnormal circumstances within five years of her marriage in her matrimonial home and there is also allegation of torture for demand of dowry and even she sustained number of injuries but they could not dispute the fact that deceased died due to hanging and mother-in-law of the deceased has been released on bail by this Court and as far as allegations are concerned, the case of applicant is at par with her. 8. They also could not dispute the fact that there is no specific allegation against applicant and applicant is not having any criminal history and in the present matter he is in jail since 20.11.2025 i.e. for last six months. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Applicant is father-in-law of the deceased and his daughter-in-law died within five years of marriage in her matrimonial home under abnormal circumstances and there is also allegation of torture for demand of dowry and it also reflects, apart from the ligature mark deceased also sustained two traumatic swellings, abrasions and contusions but autopsy surgeon opined that she died due to hanging and considering this fact, co-accused Sakeena Begam the mother-in-law of the deceased has been released on bail and as far as allegations are concerned, the case of applicant is at par with her. 11. Further, from the bail granting order dated 25.02.2026 passed in the case of co-accused Sakeena Begam it reflects, this Court while enlarging her on bail also noticed the fact that informant in his statement stated that husband of the deceased used to assault her under intoxication and also the fact that even according to him mother-in-law used to reside separately. There is no reason to deviate from the opinion expressed in case of co-accused Sakeena Begam, the mother-in-law of the deceased. 12. Further, the Apex Court in the case of Satender Kumar Antil Vs. CBI & another (2022) 10 SCC 51 in paragraph no. 98 has observed that:- "Uniformity and certainty in the decisions of the court are the foundations of judicial BAIL No. 9472 of 2026 2 dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India." 13. Further, there is no specific allegation against applicant and applicant is not having any criminal history and in the present matter he is in jail since 20.11.2025 i.e. for last six months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Noor Mohammad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 12, 2026 AK Pandey BAIL No. 9472 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad