Noore @ Noor Khan vs State of U.P. Thru. Prin. Secy. Home and Another

This case was listed on 18.03.2026. On that date, due to nonappearance of learned counsel for the respondent no. 2, this Court has passed the following stop order :-

¶12

"1. Case called out. No one appeared on behalf of the side opposite to oppose the instant application.

¶13

2. In the interest of justice, the case is adjourned today.

¶14

3. List/put up this case on 25.03.2026 within top 30 cases.

¶15

4. Interim protection granted by this Court earlier is extended till the next date of listing.

¶16

5. It is made clear that on the next dates of listing, the case would not be adjourned on any ground including the illness and appropriate orders, which includes adversarial order to the side opposite, would be passed in first call even in absence of side "

¶17

Today again, learned counsel for the respondent on. 2 is neither present nor any request has been made on his behalf for adjournment of the case.

¶18

Heard learned counsel for the applicant and learned AGA for the State.

¶19

The present anticipatory bail application under Section 438 Cr.P.C./ 482 BNSS has been filed by the accused-applicant who is apprehending his arrest in connection with Case Crime No. 251 of 2025, under Sections 85, 103 (1), 3 (5) of BNS, 2023 (old Sections 498-A, 302, 34 of IPC) and under Section 3/4 of Dowry Prohibition Act, Police Station Matera, District Bahraich.

¶20

Learned counsel for the applicant has submitted that this Court has granted ad-interim anticipatory bail by passing a detailed order dated

¶21

NABAIL No. 95 of 2026

¶22

2

¶23

20.01.2026 after hearing learned counsel for the applicant and learned AGA, for convenience, the order is quoted hereinbelow:-

¶24

" 1. Heard learned counsel for the applicant, the learned AGA for the State and perused the record.

¶25

The present anticipatory bail application has been filed by the applicant in relation to Case Crime No. 251 of 2025, under Sections- 103(1), 85, 3(5) of BNS and Section- 3/4 of D.P. Act, Police StationMatera, District- Bahraich.

¶26

While pressing the instant application, the learned counsel for the applicant stated that coaccused/Lallan Khan, who is father-in-law of the deceased, has been granted anticipatory bail by this Court vide order dated 08.12.2025 passed in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 1894 of 2025.

¶27

It is further stated that other co-accused/Fattma @ Jamsula, who is mother-in-law of the deceased, also been released on bail by this Court vide order dated 18.12.2025 passed in Criminal Misc. Bail Application

¶28

No. 12859 of 2025.

¶29

It is further stated that the applicant is the brother-in-law of the deceased and his case is on better footing to the case of the co-accused, named above, as such he is also entitled to be released on bail.

¶30

It is also stated that the informant has levelled bald and vague allegations related to demand of dowry and cruelty and also committing crime in the FIR in issue against all the family members of the husband of the deceased, which includes the applicant.

¶31

Considering the aforesaid facts of the case and also the case of prosecution against the applicant indicated in the FIR as well as the fact that co-accused persons, named above, have already been granted

¶32

on bail, this Court finds that the applicant is entitled to interim protection.

¶33

Accordingly, as an interim measure, it is provided that in the event of arrest, the accused-applicantNoore @ Noor Khan be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties (one of family member/close relative) each in the like amount to the satisfaction of Station House Officer of the Police Station concerned/Court concerned with the following conditions:-

¶34

(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;

¶35

(ii) That the accused-applicant 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; and

¶36

(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

¶37

Let the informant/opposite party No. 2, resident of Village- Rampur Barai, Police Station- Risia, District- Bahraich be informed by the SHO concerned regarding pendency of the instant case and date fixed in it.

¶38

NABAIL No. 95 of 2026

¶39

3

¶40

Learned AGA is directed to communicate this order to the SHO concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the informant/opposite party No. 2 by way of an affidavit when the case is listed next.

¶41

List/put up this application on 30.01.2026 within top 20 cases alongwith CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 1894 of 2025. "

¶42

Learned counsel for the applicant has submitted that a counter affidavit has been filed by the State but nothing new has been stated therein which could controvert the ground on which ad-interim anticipatory bail was granted to the applicant.

¶43

On the other hand, Learned AGA on the basis of counter affidavit has opposed the prayer for grant of anticipatory bail but very fairly admitted that there is nothing new brought in the counter affidavit to oppose the anticipatory bail on the grounds on which ad-interim anticipatory bail was granted by this Court.

¶44

Upon due consideration of the submission made by learned counsel for the parties, the ad-interim bail granted to the applicant is hereby confirmed and the present anticipatory bail application is allowed in terms of order dated 20.01.2026 while extending anticipatory bail to the applicant - Noore @ Noor Khan till disposal of the trial, the applicant shall appear before the court concerned and furnish bail bonds and sureties to the satisfaction of the trial/concerned Court/Investigating Officer, subject to the following conditions :-

¶45

(i) that the applicant shall make himself available for interrogation by a police officer as and when required and shall not abscond;

¶46

(ii) that the applicant 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/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

¶47

(iii) that the applicant shall not leave India without the previous permission of the court;

¶48

(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

¶49

NABAIL No. 95 of 2026

¶50

4

¶51

(v) that the applicant shall not pressurize/intimidate the prosecution witness.

¶52

In case of default, it would be open for the Investigating Agency to move application for vacation of this order.

¶53

(Manish Kumar,J.)

¶54

May 27, 2026

¶55

Ashish

¶56

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Noore @ Noor Khan v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Noore @ Noor Khan v. State of U.P. Thru. Prin. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rajeev Yadav vs Sri Shiv Sahay Awasthi, Distt. Magistrate Pratapgarh U.P. and 4 Others

Rai Ravindra Kishor Srivastava vs Rajeev Kumar, the Chief Engineer (E-3) U.P. Jal Nigam (Urban) Lko. and Another

Smt. Poornima Asthana vs Devendra Kumar, Administration and Deve. Animal Husbandry Dir. Badshah Bagh Lko

Jai Singh and Another vs Sri Pratap Singh Baghel, Dir. Basic Education, Lko. and Another

Ashwini Misra vs State of U.P. Thru. Prin. Secy. Home Lko

Laxmi Narayan Shukla vs Lal Bahadur Singh, S.D.M., Pratapgarh and Another