Sajid Husain vs State of U.P. — Dowry and Cruelty | Allahabad HC (2026)

Sajid Husain vs State of U.P. — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection only: no coercive action against the applicant in Case Crime No. 240 of 2025 in the meantime; A.G.A. granted ten days to obtain instructions on the custody assertion; applicant directed to file affidavit on criminal history; matter put up as fresh on 18.02.2026 — anticipatory bail application not finally decided.

Issue for consideration

Whether the applicant is entitled to anticipatory bail in connection with Case Crime No. 240 of 2025 during the pendency of the trial. +1 more

Court's answer

As an interim measure, no coercive action shall be taken against the applicant in connection with Case Crime No. 240 of 2025 until the matter is next considered.

Ratio / Principle

Learned A.G.A. granted ten days' time to obtain instructions on the assertion that the applicant was in jail on the date of the alleged incident.

Key takeaways

The applicant is directed to file a specific affidavit explaining his complete criminal history, an objection having been raised by learned A.G.A. that he has not explained all the criminal cases against him.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS — applicant seeks pre-arrest bail in Case Crime No. 240 of 2025 (Sections 85, 115(2), 352, 109(1), 64(1) B.N.S. and Section 3/4, Dowry Prohibition Act), Police Station Bilari, District Moradabad — counsel contends the First Information Report was explicit and made no allegation of rape against the applicant, the rape allegation being a later development, and that on the date of the alleged incident (17.10.2024) the applicant was in jail in connection with Crime No. 232 of 2024, so his implication appears false — learned A.G.A. granted ten days' time to obtain instructions on the custody assertion — applicant directed to file a specific affidavit explaining his complete criminal history — in the meantime, no coercive action to be taken against the applicant — put up as fresh on 18.02.2026 (Rajiv Lochan Shukla, J.).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1073 of 2026

Sajid Husain

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Umair Alam
Counsel for Opposite Party(s)	: G.A.

Court No. - 71

HON'BLE RAJIV LOCHAN SHUKLA, J.

Learned counsel for the applicant states the applicant was only attributed the role of having an indecent intent towards the alleged victim. Later on, the allegation was developed into one of raping the alleged victim and also participating in throwing her down the stairs, which led to breaking of her spine, in an attempt to kill her. He states that this development is a deliberate attempt to falsely implicate the applicant. The First Information Report was quite explicit in its allegations, and no allegation of rape was made against the applicant. Learned counsel for the applicant further states that on the relevant date, i.e., 17.10.2024, when the applicant is said to have joined the other accused in throwing the alleged victim from the roof, the applicant was in jail in connection with Crime No.232 of 2024 under Sections 114(2), 121(1), 132, 127(2), 309(6), 352 and 351(2) B.N.S. He states that, on the face of the record, the involvement of the applicant appears to be false. In such circumstances, he prays that the relief of anticipatory bail may be accorded to him during the pendency of the trial before the concerned Court.

Learned A.G.A. seeks time to obtain instructions with respect to the specific assertion of the applicant being in jail when the alleged incident occurred.

Learned A.G.A. is granted ten days' time to obtain instructions in that regard.

NABAIL No. 1073 of 2026

2

Put up as fresh on 18.02.2026.

In the meantime, no coercive action shall be taken against the applicant in connection with Case Crime No.240 of 2025, under Sections 85, 115(2), 352, 109(1) and 64(1) B.N.S. and Section 3/4 of the Dowry Prohibition Act, Police Station Bilari, District Moradabad.

The applicant shall also file a specific affidavit explaining his complete criminal history, as an objection has been raised by the learned A.G.A. that he has not explained all the criminal cases against him.

(Rajiv Lochan Shukla,J.)

February 4, 2026 Kushal

Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad