Allahabad High Court
MOHAMMAD RAZA AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicants are entitled to bail and allowed the bail application.
Summary
The applicants, Mohammad Raza and Mohara, father‑in‑law and mother‑in‑law of a deceased woman, were arrested in connection with her death, which they claim was an accidental fall from a rooftop. They contend that the only allegation of assault pertains to the deceased's husband and that they have been falsely implicated, having no prior criminal record and being detained since 1 July 2026. The State opposed bail but did not dispute the factual background. The Court, considering the nature of the offence, the lack of custodial interrogation need, the applicants' clean record, overcrowded prisons, and recent Supreme Court and High Court precedents on bail, granted bail without commenting on the merits. The order imposed standard bail conditions, required verification of identity and sureties, and directed electronic communication of the release order.
Issues considered
- Whether bail should be granted to the accused under Section 85 and Section 80(2) of the B.N.S. and Sections 3 and 4 of the D.P. Act in a case of alleged accidental death.
- Whether the applicants' claim of false implication and lack of criminal history warrant bail despite the seriousness of the charge.
Legislation cited
Subjects
- bail
- criminal procedure
- accidental death
- false implication
- overcrowded prisons
- Supreme Court guidelines
- Section 85
- Section 80(2)
- D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32584 of 2026
Mohammad Raza And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Ashutosh Mishra, learned counsel for the applicants, Sri D.P.S.
Chauhan, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicants on bail during the trial in Case Crime No. 155 of 2026, under
section-85, 80(2) B.N.S. & Section-3/4 D.P. Act, Police Station-
Dumariyaganj, District- Siddharthnagar.
3. Contention of learned counsel for the applicants is that the applicants are
father-in-law and mother-in-law of the deceased, who died due to
accidental fall from the rooftop. It is further submitted that immediately after
accident the deceased was brought to the nearest Community Centre
thereafter Medical Hospital, Gorakhpur, where she succumbed to the
injuries. From perusal of post mortem report, it shows that it is a case of
injuries caused by accidental falling or due to hitting with hard surface. It is
further submitted that even from the site plan as well as statements of
witnesses, it is evident that specific allegation of beating has been made
against the husband of the deceased. The applicants are father-in-law and
mother-in-law of the deceased and have been living separately. They have
been falsely implicated by making general allegations. It is lastly submitted
that charge sheet has been filed by the police, therefore, there is no
requirement for custodial interrogation. The applicants have no criminal
history and they are languishing in jail since 01.07.2026. In case, they are
granted bail, they will not misuse the liberty of bail and would cooperate in
the trial proceedings.
BAIL No. 32584 of 2026
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4. On the other hand, learned A.G.A. for the State opposed the prayer for
bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of accused and taking into account overcrowded jails
and heavy pendency of criminal cases before the trial courts as well as
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
Online SC 3038 as well as guideline of this Court in the case of Maya Tiwari
vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant of
bail and without expressing any opinion on the merits of the case, I am of the
opinion that the applicants are entitled to be enlarged on bail. Accordingly,
the present application is allowed.
6. Let the applicants- Mohammad Raza and Mohara involved in the
aforementioned crime be released on bail, on their 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 not directly or indirectly make any 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 to any police officer
or tamper with the evidence.
ii. The applicants shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicants shall not indulge in any criminal activity or commission
of any crime after being released on bail.
iv. The applicants shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number as well as Aadhaar Card of the applicant
BAIL No. 32584 of 2026
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and sureties should also be conducted by the court concerned.
10. It is made clear that the applicants shall be released on the basis of
downloaded copy of this order from the official website of High Court
Allahabad and verified by the concerned counsel with the undertaking that
the certified copy will be filed within 15 days.
11. It is directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
12. Office is directed to send a copy of this order to the applicants through
Siddharthnagar Jail Superintendent via e-mail or e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the orders of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in
(2024) 10 SCC 685 as well as in the case of Pila Pahan @ Peela Pahan
and others vs State of Jharkhand and another, in Writ Petition
(Criminal) No.169 of 2025 decided on 29.05.2026.
13. Application, if any, stands disposed of.
September 14, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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