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2026 DAILYLAW 10080 (ALL)

RAFIK KHAN v. STATE OF U.P.

NABAIL/10114/2026 · 2026-09-27

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10114 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 75 of 2026, under Sections 109, 85, 191(2), 127(2), 115(2), 351(2), 125, 3(5) of BNS and Section 7 of Criminal Law Amendment Act, 1932, Police Station- Sirsakalar, District Jalaun, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. The Learned counsel for the applicant has contended that the applicant is the brother of the co-accused Majid Khan. The victim is the wife of the co-accused Majid Khan. The allegation in the FIR, which has been lodged against eight named accused, is of assaulting the injured and using a gamcha in an attempt to strangulate the victim. The Learned counsel for the applicant has further contended that the general role has been assigned to the applicant. The co-accused Akbari, mother of the applicant, has been granted anticipatory bail by this Court in NABAIL No. 9290 of 2026. Applicant has no criminal antecedents. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail, but does not dispute the factual submissions made by the learned counsel for the parties. Versus Counsel for Applicant(s) : Abhishek, Brajesh Kumar Counsel for Opposite Party(s) : G.A. Rafik Khan .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the Learned counsels for the parties. 6. There appears to be a matrimonial dispute between the parties. The victim is the sister-in-law of the applicant. The injuries received by the injured, in the prima facie opinion of the Court, do not appear to be dangerous to life. The false implication of the applicant on account of matrimonial dispute cannot be ruled out. Similarly situated co-accused Akbari has been granted anticipatory bail by this Court. 7. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Rafik Khan, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; 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 from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. NABAIL No. 10114 of 2026 2 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 28, 2026 Junaid NABAIL No. 10114 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad