Allowed

Saddam Husain v. State of U.P. and Another

Allahabad HC5 Nov 2025CRLA/7279/2025

Case brief

AI extract

What is this about?

In Criminal Appeal No. 7279 of 2025, the High Court of Judicature at Allahabad allowed the bail appeal. The Court set aside the bail rejection order and granted bail to Saddam Husain, an accused in a case involving alleged offences under the SC/ST Act and BN.S. The Court considered the victim's filing of a Section 9 petition under the Hindu Marriage Act among other factors.

What did the court decide?

Impugned order rejecting bail set aside; appellant released on personal bond and two sureties subject to standard conditions.

Saddam Husain Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 7279 of 2025

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Saddam Husain

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.....Appellant(s)

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	Versus
State of U.P. and Another	.....Respondent(s)
Counsel for Appellant(s)	: Bindu Kumari, Renu Vishwakarma, Saurabh Kumar
Counsel for Respondent(s)	: G.A., Saroj Kumar Tripathi
Court No.- 87

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HON'BLE ANIL KUMAR-X, J.

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Heard learned counsel for appellant and learned AGA for the State.

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This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with a prayer to allow the appeal, set aside the bail rejection order dated 30.1.2025 passed by Special Judge SC/ST Act, Sonbhadra in Bail Application No. 135 of 2025 (Saddam Husain Vs. State of U.P.) and to release the appellant on bail in Case Crime No. 32 of 2025, under section 64, 115 (2), 352, 351 (2) B.N.S. and 3 (2) V SC/ST Act, Police Station Robertsganj, District Sonbhadra.

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Learned counsel for the appellant has submitted that allegation of establishing physical relationship on the pretext of marriage has been made against the appellant by the victim. She herself had stated that appellant and victim were in contact of each other since 2016. Moreover, a petition under Section 9 of the Hindu Marriage Act has been filed by the victim before the Principal Judge, Family Court, Sonbhadra. Copy of the said petition has been annexed at page no.38 of the appeal. The appellant is innocent and has been falsely implicated in this case. It was submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. In such circumstances, the appellant is entitled to bail.

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Learned A.G.A. and the learned counsel appearing for the respondent/informant have strongly opposed the prayer for bail but could

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CRLA No. 7279 of 2025

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not deny the fact that a petition under Section 9 of the Hindu Marriage Act was filed by the victim.

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I have considered the rival submissions so made and have gone through the entire record.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused and also the fact that a petition under Section 9 of the Hindu Marriage Act has been filed by the victim, the Court is of the opinion that the appellant has made out a case for bail.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Pending application, if any, shall stand disposed of.

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Let the appellant- Saddam Husain , involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/ intimidate the prosecution witness.

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(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The appellant 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 or tamper with the evidence.

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In case of breach of any of the above conditions, the court concerned

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CRLA No. 7279 of 2025

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shall be at liberty to take appropriate coercive action for appearance of the accused or to cancel the bail granted.

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(Anil Kumar-X,J.)

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November 6, 2025 SK

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Saddam Husain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Saddam Husain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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