Allahabad High Court

AKBARIversusSTATE OF U.P.

Decided: 15 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court allowed the anticipatory bail application, granting bail subject to conditions.

Summary

The High Court considered an anticipatory bail application filed by Akbari, a 55‑year‑old woman, who feared arrest in a case arising from a matrimonial dispute. The FIR alleged that she, along with seven others, attempted to strangle the victim using a gamcha, invoking sections of the BNS Act and the Criminal Law Amendment Act, 1932. The State opposed bail, arguing the offence under Section 109(1) of the BNS was made out, while the applicant highlighted her age, health issues, lack of prior criminal record, and the possibility of false implication. After reviewing the FIR, the nature of injuries (not dangerous to life) and the familial dispute, the Court found no compelling reason to deny bail. Consequently, the Court granted anticipatory bail with standard conditions, emphasizing that the order is limited to this application and does not prejudice the merits of the case.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the Code of Criminal Procedure in view of the alleged offences.
Whether the nature of the alleged injuries and the matrimonial dispute warrant denial of bail.
Whether the possibility of false implication justifies the grant of anticipatory bail.

Legislation cited

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

Subjects

anticipatory bail
Section 482 CrPC
matrimonial dispute
false implication
bail conditions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9290 of 2026

Akbari
.....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, 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.
NABAIL No. 9290 of 2026
2

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
3

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.

(Rajiv Lochan Shukla,J.)
September 16, 2026
S.A.

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

Continue reading with your account

Checking your session…