Allahabad High Court
HUSSAIN MOHAMMAD AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicants are entitled to be released on bail.
Summary
The High Court considered a bail application filed by Hussain Mohammad and Nagina (applicants) who were arrested in connection with a murder case (Crime No. 405 of 2026) under IPC sections 103(1), 115(2) and 191(2). The applicants, who are in‑laws of the deceased, argued that they were implicated only because their son, Sameer (Attu), was the prime accused, as shown by CCTV footage. They have no prior criminal record and have been in custody since 3 July 2026. The State opposed bail but did not dispute the factual submissions. The Court, noting the lack of criminal history, the peripheral role of the applicants, and the evidence pointing to the son as the main perpetrator, granted bail subject to personal bond, sureties and standard conditions. The order expressly limited its observations to the bail application and did not prejudice the trial merits.
Issues considered
- Whether the applicants, accused under IPC sections 103, 115 and 191, are entitled to bail despite the seriousness of the alleged offence.
- Whether the presence of CCTV evidence implicating a co‑accused affects the bail eligibility of the applicants.
- Whether the applicants' clean criminal record and limited involvement justify the grant of bail under the Code of Criminal Procedure.
Legislation cited
- Code of Criminal Procedure — s. 3(5)
- Indian Penal Code — s. 103, 115, 191
Subjects
- bail
- IPC sections 103,115,191
- CCTV evidence
- in‑laws of deceased
- no prior criminal record
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32372 of 2026
Hussain Mohammad And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Agrawal
Counsel for Opposite Party(s) : G.A.
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.
BAIL No. 32372 of 2026
2
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
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
Checking your session…