Allahabad High Court
JUBERversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The Court granted bail to the applicant, subject to standard conditions.
Summary
The High Court considered a bail application filed by Juber, who is the father‑in‑law of a deceased person, in a criminal case (Crime No. 461 of 2025) involving alleged offences under Sections 80(2) and 85 of the B.N.S. Act and Sections 3 and 4 of the D.P. Act. The applicant argued that the death was a suicide, that there were no specific allegations against him, and that a co‑accused (the mother‑in‑law) had already been released on bail. The State opposed bail but did not dispute the factual contentions. The Court noted the lack of a specific charge, the applicant’s clean record, the five‑month pre‑trial detention, and the precedent of bail granted to the co‑accused, and therefore decided to grant bail without commenting on the merits. The bail was conditioned on personal bond, sureties, appearance in court, non‑interference with evidence, and abstention from criminal activity.
Issues considered
- Whether bail should be granted to the accused under Sections 80(2) and 85 of the B.N.S. Act and Sections 3/4 of the D.P. Act given the circumstances of the case.
Legislation cited
Subjects
- bail
- criminal procedure
- suicide
- false allegation
- father-in-law
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15301 of 2026
Juber
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Rai, Sanjay Kumar
Rajbhar
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Rajeev Kumar Rai, learned counsel for the applicant and
Sri Kunwar Tejendra Bahadur Singh, learned AGA for the State.
2. The instant bail application has been filed seeking release of the
applicant on bail in Case Crime No.461 of 2025, under Sections
80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Teelamod,
District Ghaziabad, during pendency of the trial.
3. Learned counsel for the applicant submits, applicant is father-in-
law of 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 deceased, Salma alias Sangeeta and co-accused
Salma alias Sangeeta has been released by this Court and her bail
order has been annexed at page 64 of the paper book and as far as
allegations are concerned, the case of applicant is at par with her.
4. He further argued, even applicant resided along with his wife i.e.
co-accused Salma alias Sangeeta and deceased died due to hanging
and, therefore, prima facie it appears to be a case of suicidal death
and after considering these facts, mother-in-law of the deceased has
been released on bail.
5. He further argued, applicant is not having any previous criminal
history and even there is no specific allegation against him and in the
present matter, he is in jail since 10.12.2025 i.e. for last five months.
6. Per contra, learned AGA, however, opposed the prayer for bail but
could not dispute the argument on facts advanced by learned
counsel for applicant.
7. I have heard learned counsel for the parties and perused the
BAIL No. 15301 of 2026
2
record of the case.
8. Considering the argument advanced by learned counsel for
applicant and the fact that applicant is father-in-law of deceased and
there is no specific allegation against him and deceased died due to
hanging and mother-in-law of deceased has already been released
on bail by this Court and applicant is in jail in the present matter for
last five months, in my view, applicant is entitled to be released on
bail.
9. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.
10. Let the applicant -Juber 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.
11. 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.
12. 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.
(Sameer Jain,J.)
May 6, 2026
Kumar Manish
Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad
Checking your session…