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2026 DAILYLAW 10978 (ALL)

MEER HASAN MIDDA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/10042/2026 · 2026-09-30

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. - 10042 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicants, Sri Alok Kumar Gupta, the Learned counsel appearing for the informant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.402 of 2025, under Sections 115(2), 110, 127(2), 74, 352, 351(2) B.N.S. and Section 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019, P.S.- Baghpat, District- Baghpat, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the above-mentioned case. 3. At the very outset, the Learned counsel for the applicants contends that the applicant nos. 3 and 4 have been arrested and this application, so far as applicant nos. 3 and 4 are concerned, has become infructuous. 4. In view of the above, this application is dismissed as infructuous for applicant Nos.3 and 4. 5. The Learned counsel for the applicants has contended that applicant Nos.1 and 2 are the father-in-law and mother-in-law of the injured. The Versus Counsel for Applicant(s) : Dinesh Kumar Dubey, Sunil Kumar Dubey Counsel for Opposite Party(s) : Alok Kumar Gupta, G.A. Meer Hasan Midda And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) allegation is of the applicants and the other accused assaulting the victim and causing injuries to her. Learned counsel has stated that the F.I.R. has been lodged with a delay of 41 days. A general role has been assigned to the accused. There is a previous matrimonial dispute between the parties for which a case being Case Crime No. 673 of 2020 under Sections 498A, 323, 504 & 506 I.P.C. had been lodged and the parties had compromised the matter and the victim had supposedly started living with the applicants and the other co-accused again. Learned counsel has submitted that this First Information Report has been lodged on the basis of concocted injuries. None of the injuries suffered by the victim have been opined to be grievous in nature or dangerous to life. Similarly situated co-accused, Afsar who is the husband of the injured has been granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1966 of 2026. Applicant nos. 1 and 2 have no criminal antecedents. 6. Learned counsel for the informant and the Learned A.G.A. have opposed the prayer for bail and have contended that the applicants are repeat offenders and their greed for demand of dowry could not be fulfilled by the informant and they assaulted the informant and caused serious injuries which were examined on the same day. The delay in lodging of the F.I.R. was on account of the fact that the applicants had taken the informant and dropped her off in an injured condition at her parental house. 7. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 8. The F.I.R. has been lodged with a delay of 41 days. The allegation of assaulting the injured with an intent to kill or knowing that she would die NABAIL No. 10042 of 2026 2 from the injuries sustained and then dropping her off at her parental house prima facie does not appeal to the Court. No explanation with respect to the delay in lodging of the F.I.R. has been given. A previous matrimonial dispute between the parties exists and in the opinion of the Court, the implication of applicant nos.1 and 2 who are the father-in-law and mother-in-law on account of matrimonial dispute, cannot be ruled out. 9. Taking into account all the facts and circumstances of the case and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicants on anticipatory bail. 10. In view of the above, the anticipatory bail application of the applicants is allowed. 11. In the event of the arrest of the applicant Nos.1 & 2, Meer Hasan @ Midda and Smt. Imeana, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicants shall make themselves available for interrogation by a police officer as and when required; ii. that 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court; iv. that the applicants shall not pressurize/intimidate the prosecution NABAIL No. 10042 of 2026 3 witness; 12. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 13. 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. October 1, 2026 Sachin NABAIL No. 10042 of 2026 4 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad