Allahabad High Court
MOHD QUDDUS ALIAS QUDDUSversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The Court granted bail to the applicant, subject to bond and conditions.
Summary
The High Court considered a bail application filed by Mohd Quddus Alias Quddus, who is alleged to be a Malaysian national but was erroneously entered in the Indian voter list. The applicant faces charges under Sections 318(4), 319, 335, 336(3), 338 and 340 of the Indian Penal Code, and has been in custody since March 2026. Counsel for the applicant argued that the voter registration was a mistake, the allegations are false, and the applicant has no prior criminal record. The State opposed bail but did not dispute the factual contentions. After reviewing the record, the Court held that the applicant is entitled to bail, subject to a personal bond, sureties and conditions, without expressing any view on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Sections 318(4), 319, 335, 336(3), 338 and 340 of the Indian Penal Code pending trial.
Legislation cited
- Indian Penal Code — s. 318(4), 319, 335, 336(3), 338, 340
Subjects
- bail
- foreign national
- voter list
- Indian Penal Code
- criminal procedure
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14384 of 2026
Mohd Quddus Alias Quddus
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Janardan Yadav, Manikant Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Janardan Yadav, learned counsel for the applicant and Sri Ghanshyam
Mishra, learned Brief Holder for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 71 of 2026, under Sections 318(4), 319, 335, 336(3), 338, 340 BNS,
Police Station Nizamabad, District Azamgarh, during pendency of the trial in the court
below.
3. Learned counsel for the applicant submitted that, however, as per allegation,
applicant was a national of Malaysia but in spite of that on the basis of forged
documents, he also became a voter in India but entire allegations made against the
applicant are totally false.
4. He further submitted that actually family of applicant resided in India and his son
due to mistake added his name in the voter list of India which during CSIR has been
removed.
5. He further submitted that applicant has no criminal history and he is in jail in the
present matter since March, 2026.
6. Per contra, learned AGA opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the case.
8. However, as per allegation, applicant was a national of Malaysia but in spite of that
his name was in the voter list of India but it reflects now his name from the Indian
voter list has been removed.
9. Further, applicant has no criminal history and he is in jail in the present matter since
March, 2026.
BAIL No. 14384 of 2026
2
10. Therefore, considering the facts and circumstances of the case, discussed above, in
my view, applicant is entitled to be released on bail.
11. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
12. Let the applicant-Mohd Quddus Alias Quddus, 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.
13. 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.
14. 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 6, 2026
Ankita
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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