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2026 DAILYLAW 7174 (ALL)

HUSSAIN MOHAMMAD AND ANOTHER v. STATE OF U.P.

BAIL/32372/2026 · 2026-09-17

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. - 32372 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Arvind Agrawal, learned counsel for the applicants and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 405 of 2026, under Sections 103(1), 115(2), 191(2), 3(5) BNS, Police Station Ramgarh, District Firozabad during pendency of the trial. 3. Learned counsel for the applicants submits, applicants are in-laws of the deceased and on the basis of false allegation they have been made accused in the present matter. 4. He further submits, during investigation Investigating Officer procured the CCTV footage of the incident and from its extract, which has been annexed along with instant bail application, it reflects, co-accused Sameer @ Attu, the brother-in-law of the deceased i.e. son of applicants was the prime accused, who strangulated the deceased. 5. He further submits, it reflects, as applicants were parents of co-accused Sameer @ Attu, therefore, they have been roped in the present matter along with him. 6. He further submits, applicants are not having any criminal history and in the present matter they are in jail since 03.07.2026. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. Versus Counsel for Applicant(s) : Arvind Agrawal Counsel for Opposite Party(s) : G.A. Hussain Mohammad And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, in the present matter applicants are in jail only since 03.07.2026 and they are in-laws of the deceased and from the CCTV footage of the alleged incident it reflects, co-accused Sameer @ Attu, the son of applicants i.e. brother-in-law of the deceased is the prime accused who strangulated the deceased. 10. Further, applicants are not having any criminal history. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicants - Hussain Mohammad and Nagina @ Naggo 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants 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 applicants shall not indulge in any criminal and anti-social activity. 14. 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 applicants. 15. 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. September 18, 2026 AK Pandey BAIL No. 32372 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad