Allahabad High Court

RAFIK KHANversusSTATE OF U.P.

Decided: 27 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court granted anticipatory bail to the applicant, holding that the circumstances did not justify denial of bail.

Summary

The applicant, Rafik Khan, sought anticipatory bail under Section 482 of the Criminal Procedure Code in a case involving alleged assault on his sister‑in‑law, who is the wife of his brother Majid Khan. The FIR named eight accused, and the applicant claimed he had no criminal antecedents and was being falsely implicated due to a matrimonial dispute. The State opposed the bail but did not contest the factual background presented by the applicant’s counsel. The Court noted that the injuries were not life‑threatening and that a similarly situated co‑accused had already been granted anticipatory bail. Considering the circumstances, the Court deemed it appropriate to enlarge the applicant on anticipatory bail with standard conditions. Consequently, the anticipatory bail application was allowed, subject to bond, surety, and compliance with prescribed conditions.

Issues considered

Whether the applicant is entitled to anticipatory bail under Section 482 CrPC given the allegations of assault and the matrimonial dispute.
Whether the possibility of false implication arising from a family dispute warrants the grant of bail.
Whether the conditions imposed are sufficient to ensure the applicant’s cooperation with the investigation.

Legislation cited

BNS Act — s. 109, 115(2), 125, 127(2), 191(2), 3(5), 351(2), 85
Code of Criminal Procedure, 1973 — s. 482
Criminal Law Amendment Act, 1932 — s. 7

Subjects

anticipatory bail
section 482
matrimonial dispute
false implication
bail conditions
Criminal Procedure Code
Criminal Law Amendment Act

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 10114 of 2026

Rafik Khan
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Abhishek, Brajesh Kumar
Counsel for Opposite Party(s) : G.A.

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.
NABAIL No. 10114 of 2026
2

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
3

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.

(Rajiv Lochan Shukla,J.)
September 28, 2026
Junaid

Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad

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