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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9593 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, 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 applicant in Case Crime No.288 of 2026, under Sections 109, 115(2), 351(3) and 85 BNS, Police Station- Hapur Nagar, District Hapur, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant has contended that the applicant is the husband of the victim and that the FIR has been lodged by his brother- in-law. General allegations have been made in the FIR that the applicant and the co-accused, Ehtesham, tried to strangulate the victim using a 'dupatta' and also assaulted her. 4. Learned counsel has contended that the father of the applicant is already in jail. The mother of the applicant is quite ill, and there is no one to take care of her, as she has also been arrayed as an accused in the present case. Learned counsel has further submitted that none of the injuries noted in the medical examination of the injured have been opined to be dangerous to life. The applicant has no criminal antecedents. 5. Learned AGA has opposed the prayer for bail and has stated that the applicant, being the husband of the victim, had the primary responsibility of taking care of her, and he is the one who tried to kill the victim. Versus Counsel for Applicant(s) : Javed Alam Counsel for Opposite Party(s) : G.A. Suhail .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Therefore, he may not be considered for grant of anticipatory bail. 6. I have considered the submissions made by learned counsel for the parties. 7. The applicant is stated to be the husband of the injured having no criminal antecedents. None of the injuries has been opined to be dangerous to life. There appears to be a matrimonial dispute between the parties. The FIR has been lodged one day after the occurrence. 8. Taking note of the entire facts and circumstances of the case, in the prima facie opinion of the Court, a case for grant of anticipatory bail is made out.
Without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant Suhail, he 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 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;
11. In case of breach of any of the above conditions, the Court concerned NABAIL No. 9593 of 2026 2
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 considered to be an opinion on the merits of the case. September 16, 2026 S.A.
NABAIL No. 9593 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad