Allahabad High Court

VAHEEDversusSTATE OF U.P. AND ANOTHER

Decided: 15 September 2026
Bench: VIVEK KUMAR SINGH

Holding

The Court converted the interim anticipatory bail into absolute anticipatory bail, allowing the application.

Summary

The High Court of Allahabad considered an anticipatory bail application filed by Vaheed under Section 482 of the CrPC in connection with a complaint (S.T. No. 38 of 2023) alleging offences under Sections 386, 392 and 506 IPC. Vaheed claimed he was falsely implicated and had already been granted interim anticipatory bail on 5 August 2025, during which he regularly appeared before the trial court, eliminating any need for custodial interrogation. The court examined the earlier order, the applicant’s clean record, and the conditions imposed, and found no reason to withdraw the bail. Consequently, the interim bail was made absolute, remaining in force until the trial concludes, subject to the same conditions. The court also warned that any breach would permit the complainant to seek cancellation of the bail.

Issues considered

Whether the interim anticipatory bail should be converted into absolute anticipatory bail
Whether the applicant’s regular appearance before the trial court negates the necessity of custodial interrogation
Whether the conditions imposed are sufficient to prevent misuse of the bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Dowry Prohibition Act — s. 3, 4
Indian Penal Code — s. 386, 392, 506

Subjects

anticipatory bail
Section 482 CrPC
false implication
regular appearance
custodial interrogation
bail conditions
Criminal Procedure Code
Indian Penal Code

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 6185 of 2025

Vaheed
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Sunit Kumar, Yatish Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.

1. Heard Sri Sunit Kumar, learned counsel for the applicant, learned A.G.A.
for the State and perused the record.

2. The applicant- Vaheed was granted interim anticipatory bail in the present
case by this Court vide order dated 05.08.2025. The said order is quoted
herein below:

"1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A.
for the State. Perused the material placed on record.

2. This application has been filed seeking anticipatory bail in S.T. No. 38
of 2023, Complaint No. 12 of 2023, under Sections 386, 392, 506 I.P.C.,
Police Station Sirsakalar, District Jalaun.

3. Counsel for the applicant submits that the applicant has been falsely
implicated in the present case. The sister of the applicant, co-accused,
Smt Ruksar was married to the son of the complainant. On 23.06.2023,
the co-accused, Smt Ruksar lodged an F.I.R. against the complainant and
two others registered as Case Crime No. 0130 of 2023 under Sections
506, 313, 342, 323, 498A I.P.C., Police Station- Sirsa Kalar, District-
Jalaun. Another first information report was also lodged on 18.01.2023
by the co-accused, Smt Ruksar against the complainant and four others
registered as Case Crime No. 0005 of 2023 under Sections 498A, 323,
504, 506 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police
Station- Sirsa Kalar, District- Jalaun. In counterblast the said
proceedings, the instant prosecution has been instituted. No such incident
as alleged had occurred. The co-accused, Smt Ruksar and Smt Reshma
have been granted interim anticipatory bail by this Court vide order
dated 03.11.2023 passed in Criminal Misc. Anticipatory Bail Application
No. 12121 of 2023 (Smt Ruksar and Another vs. State of U.P.). The
NABAIL No. 6185 of 2025
2

applicant has no criminal antecedents. The applicant has been summoned
by the concerned court. It is next submitted that the applicant has
apprehension of his arrest and in case, the applicant is granted
anticipatory bail, he will not misuse the said liberty.

4. Matter requires consideration.

5. Issue notice to the opposite party no. 2 returnable at an early date.

6. Opposite parties are granted two weeks' time to file counter affidavit.

7. Connect this case with Criminal Misc. Anticipatory Bail Application
No. 12121 of 2023 (Smt Ruksar and Another vs. State of U.P.)

8. Place this case on 22.08.2025 amongst top ten cases of the additional
cause list.

9. Till the next date of listing, in the event of arrest the applicant- Vaheed
in the aforesaid case crime shall be released on interim anticipatory bail
on furnishing a personal bond of Rs. 50,000/- with two sureties each in
the like amount to the satisfaction of the Court concerned with the
following conditions:-

(i) the applicant shall make himself available on each and every date
fixed in the matter by the court concerned.

(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 from disclosing such facts to the Court.

(iii) the applicant shall not leave India without the previous permission of
the Court and if he has passport the same shall be deposited by him
before the concerned court.

10. Further, in default of any of the conditions, the court concerned is at
liberty to pass appropriate orders for enforcing and compelling the
same."

3. Earlier interim anticipatory bail was granted to the applicant vide order
dated 05.08.2025 and in pursuance of aforesaid order, the applicant is
regularly appearing before the learned trial court which is clear from perusal
of order sheet appended in the compliance affidavit dated 13.04.2026. The
applicant is regularly appearing before the learned trial court, therefore, there
is no requirement of custodial interrogation of the applicant.

4. In view of above, the interim anticipatory bail granted to the applicant
NABAIL No. 6185 of 2025
3

vide order dated 05.08.2025 is hereby made absolute. The applicant will
remain on anticipatory bail till conclusion of trial in Complaint Case No.12
of 2023 (S.T. No.38 of 2023), under Sections 386, 392, 506 of I.P.C., Police
Station Sirsakalar, District Jalaun, on the same terms and conditions as given
in the order dated 05.08.2025 passed by this Court.

5. The anticipatory bail application stands allowed.

6. In default or misuse of any of the conditions mentioned in the order dated
05.08.2025, the complainant would be at liberty to file appropriate
application for cancellation of anticipatory bail granted to the applicant,
before the concerned court.

(Vivek Kumar Singh,J.)

September 16, 2026
Radhika

Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad

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