Allahabad High Court
NOOR MOHAMMAD @ NOOR @ NOORA MALIKversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, finding the circumstances sufficient for release on condition.
Summary
The High Court considered the bail application of Noor Mohammad, who was arrested in connection with Criminal Case No. 599 of 2025 under IPC sections 340(2), 336(3), 338, 318(4), 319(2) and 61(2). The applicant claimed he was falsely implicated, that the alleged firm was registered in the name of co‑accused, and that no incriminating material was found on his person. He had been in custody since 8 March 2026 and submitted an affidavit explaining a prior criminal case. The Assistant Government Advocate opposed bail but did not dispute the applicant’s contentions. After reviewing the record and the nature of the allegations, the Court, without opining on the merits, found the case fit for bail and ordered release on personal bond with two sureties, subject to conditions of court appearance, non‑tampering, and non‑engagement in criminal activity. The Court also clarified that its observations were limited to the bail application and would not affect the trial’s merits.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences under IPC sections 340, 336, 338, 318, 319 and 61.
- Whether the applicant poses a risk of fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Indian Penal Code — s. 318, 319, 336, 338, 340, 61
Subjects
- bail
- criminal procedure
- Indian Penal Code
- false implication
- sureties
- court conditions
- trial attendance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31914 of 2026
Noor Mohammad @ Noor @ Noora Malik
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohit Kumar Singh, Sujata Choudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 599 of 2025 under
Sections 340(2), 336(3), 338, 318(4), 319(2), 61(2) BNS Police Station -
Lisari Gate District -Meerut.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that the firm was registered on the name of other co-accused. It
is also submitted that main allegation has been assigned to other co-
accused-Sabir, Muzammil and Farman. Nothing incriminating has been
recovered from the possession of the applicant. It is also submitted that
applicant is having no concern with the allegations levelled against him
and he has not committed any offence as alleged by prosecution. There is
criminal history of one case, which has been explained in the affidavit
filed in support of the bail application. The applicant is in jail since
08.03.2026. Therefore, the applicant is entitled for bail. Learned counsel
for the applicant has further submitted that if the applicant is released on
bail, the applicant would not misuse liberty of bail and is ready to co-
operate in the trial.
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
BAIL No. 31914 of 2026
2
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Noor Mohammad @ Noor @ Noora Malik be
released on bail in the aforesaid case crime number on furnishing a
personal bond and two reliable sureties of the like amount to the
satisfaction of the court concerned subject to following conditions, which
are being imposed in the interest of justice:-
(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.
7. 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.
8. 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.
(Jai Prakash Tiwari,J.)
September 9, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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