Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 7391 (ALL)

AKBARI v. STATE OF U.P.

NABAIL/9290/2026 · 2026-09-15

Rajiv Lochan Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9290 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.75 of 2026, under Sections 109, 85, 191(2), 127(2), 115(2), 351(2), 125 BNS and Section 7 Criminal Law Amendment Act, 1932, Police Station- Sirsakalar, District Jalaun, with a prayer to enlarge her on anticipatory bail as the applicant apprehends her arrest in the above-mentioned case. 3. Learned counsel for the applicant has contended that the applicant is an old lady, aged about 55 years, suffering from various ailments. The FIR has been lodged by the brother of the daughter-in-law of the applicant. The FIR has been lodged against 8 named accused. The injured has not received any injury which may be considered to be grievous in nature or dangerous to life. The applicant has no criminal antecedents. 4. Learned AGA has opposed the prayer for bail and has contended that the applicant and the other accused, using a 'gamcha', tried to strangulate the victim. The offence under Section 109(1) of the BNS is clearly made out, and no indulgence may be granted to the applicant. 5. I have considered the submissions made by learned counsel for the parties. Versus Counsel for Applicant(s) : Abhishek, Brajesh Kumar Counsel for Opposite Party(s) : G.A. Akbari .....Applicant(s) State of U.P. .....Opposite Party(s) 6. From the perusal of the First Information Report, it appears that there is a matrimonial dispute between the parties. The victim is the wife of the co-accused, Majeed Khan, who is the son 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 applicant has been nominated in the FIR along with 7 other named accused. 7. Taking note of the number and nature of the injuries, as well as the number of accused nominated in the FIR, the possibility of false implication of the applicant due to a matrimonial dispute cannot be ruled out. 8. 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 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 Akbari, she 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 herself 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 her 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; NABAIL No. 9290 of 2026 2 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 considered to be an opinion on the merits of the case. September 16, 2026 S.A. NABAIL No. 9290 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad