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2026 DAILYLAW 11886 (ALL)

SHAHABUDDIN v. STATE OF U.P.

NABAIL/9272/2026 · 2026-09-29

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. - 9272 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Supplementary affidavit filed today is taken on the record. 2. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.204 of 2026, under Sections 85, 109(1), 351(3), 115(2) and 352 of the B.N.S., 2023 and Sections 3/4 of the Dowry Prohibition Act, Police Station – Mirzamurad, District Varanasi, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 4. The Learned counsel for the applicant has contended that the applicant is the brother-in-law of the injured, Sultana Bano. The First Information Report (FIR) has been lodged after more than five months of the occurrence. The injured had tried to commit suicide and it was the applicant who saved her and got her admitted in the hospital. Learned counsel for the applicant contends that the medical reports clearly demonstrate the fact that it was the applicant who had taken the victim to the hospital. Learned counsel states that despite this fact, after five months, the applicant has been implicated solely on account of matrimonial dispute between the applicant's brother and the victim. The applicant has no criminal history. 5. Learned AGA has opposed the prayer for grant of bail but does not dispute the fact that the applicant has no criminal antecedents. Versus Counsel for Applicant(s) : Shri Prakash Dwivedi Counsel for Opposite Party(s) : G.A. Shahabuddin .....Applicant(s) State of U.P. .....Opposite Party(s) 6. I have considered the submissions made by the Learned counsel for the parties. 7. The allegation in the FIR is of demand of dowry by the accused and then trying to kill the victim and only to save themselves admitting the victim in the Apollo Hospital to allay suspicion. The FIR has been lodged with an excessive delay. The applicant has no criminal antecedents. He is the brother-in-law of the injured. The FIR has been lodged against seven named accused, all family members of the co-accused Rizwan, who is the husband of the victim. In the prima facie opinion of the Court, the FIR may be a result of the matrimonial dispute in which all the in-laws have been indiscriminately implicated. It is not disputed that it was the applicant who had admitted the victim to the hospital. 8. Taking note of the entire facts and circumstances of the case, a prima facie case for grant of anticipatory bail is made out. 9. The anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Shahabuddin, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his 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. 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. The applicant shall not leave India without the previous permission of the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness; 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be NABAIL No. 9272 of 2026 2 considered to be an opinion on the merits of the case. September 30, 2026 Kushal NABAIL No. 9272 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad