Abid Ali vs State of U.P. Thru. Prin. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2026)

Abid Ali vs State of U.P. Thru. Prin. Secy. Home Deptt… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted: in the event of arrest, release forthwith on furnishing a personal bond of Rs. 25,000/- and two sureties (one family member/close relative) each in the like amount, subject to conditions (cooperation with interrogation; no inducement/threat/promise to dissuade disclosure; no leaving India without previous permission of the Court). Notice to opposite party No. 2; SHO to inform the complainant/victim; matter listed for 27.03.2026 within top 20 cases. This is an interim order only; the application remains pending for further consideration.

Issue for consideration

Whether the applicant, arraigned in Case Crime No. 0145 of 2025 (Sections- 69, 352 B.N.S. and Section 3/4 of Dowry Prohibition Act) on allegations of establishing physical relations on the pretext of a false promise of marriage, is entitled to anticipatory bail / interim protection.

Court's answer

Considering the submissions, the prosecution case indicated in the FIR and the Apex Court judgments referred above, this Court found the applicant entitled to interim protection.

Ratio / Principle

As an interim measure, in the event of arrest the accused-applicant Abid Ali is to be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond of Rs. 25,000/- and two sureties (one family member/close relative) each in the like amount.

Key takeaways

The interim release is conditioned on: (i) making himself available for interrogation by police authorities as and when required and cooperating with the investigation; (ii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure to the court or police; and (iii) not leaving India without previous permission of the Court.ratio¶20

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), Saurabh Lavania, J. (16.03.2026), Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 469 of 2026 (NABAIL): Interim anticipatory bail granted to applicant Abid Ali in Case Crime No. 0145 of 2025, under Sections- 69, 352 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Shivratanganj, District- Amethi, where the FIR alleges that on the pretext of a false promise of marriage the applicant established physical relations with the victim/complainant. Taking into account counsel's submission that, on the face value of the allegations, possibility of conviction is bleak in view of Apex Court law (Deepak Gulati (2013) 7 SCC 675; Sonu @ Subhash Kumar (2021) 7 SCC; Mandar Deepak Pawar 2022 SCC OnLine SC 2110; Amol Bhagwan Nehul 2025 SCC OnLine SC 1230; Pramod Kumar Navratna 2026 INSC 124), the Court found the applicant entitled to interim protection: release forthwith on arrest on furnishing a personal of Rs. 25,000/- with two sureties (one family member/close relative) each in like amount, subject to conditions of availability for interrogation, no inducement/threat/promise to dissuade disclosure, and no departure from India without previous permission of the Court. Notice to opposite party No. 2 within four working days; SHO concerned to inform opposite party No. 2 of pendency and AGA to file affidavit proof thereof; listed 27.03.2026 within top 20 cases.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 469 of 2026

Abid Ali

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Ashish Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 13

HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present anticipatory bail application has been filed by the applicant in relation to Case Crime No. 0145 of 2025, under Sections- 69, 352 B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Shivratanganj, District- Amethi.

While pressing the instant application, the learned counsel for the applicant stated that the applicant is innocent and he has not committed any crime.

Further submission is that if the allegations levelled in the FIR in issue, basis of pending criminal proceedings, against the applicant which are to the effect that on the pretext of false promise of marriage the applicant established physical relations with the victim/complainant are taken on its face value then in that eventuality, the possibility of conviction of applicant is bleak in view of law settled by the Hon'ble Apex Court in the judgment(s) rendered in the case of Deepak Gulati vs. State of Haryana, (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another, (2021) 7 SCC; Mandar Deepak Pawar vs. State of Maharashtra and Another, 2022 SCC OnLine SC 2110, Amol Bhagwan Nehul vs. State of Maharashtra and another, 2025 SCC OnLine SC 1230 and Pramod Kumar Navratna versus State of Chattisgarh and others, 2026 INSC 124.

Considering the aforesaid and also the case of prosecution against the applicant indicated in the FIR and also the judgments, referred above, this Court finds that the applicant is entitled to interim protection.

Accordingly, as an interim measure it is provided that in the event of arrest, the accused-applicant- Abid Ali be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties (one of

NABAIL No. 469 of 2026

2

family member/close relative) each in the like amount to the satisfaction of Station House Officer of the Police Station concerned/Court concerned with the following conditions:-

(i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation;

(ii) That the accused-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; and

(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

Issue notice to the opposite party No. 2. Steps in this regard be taken within four working days.

Let the the opposite party No. 2 be also informed by the SHO concerned regarding pendency of the instant case.

Learned AGA is directed to communicate this order to the SHO concerned forthwith and place the proof regarding the information given by the S.H.O. concerned to the complainant/victim by way of an affidavit when the case is listed next.

List/put up this application on 27.03.2026 within top 20 cases.

(Saurabh Lavania,J.)

March 16, 2026 Preeti

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench