False Promise of Marriage FIR: Allahabad HC Grants Interim Arrest Protection to Ranji Cricketer Mohammad Kaif
Allahabad High Court protects Ranji cricketer Mohammad Kaif from arrest in a Section 69 BNS FIR alleging sex on a false promise of marriage.
Allahabad High Court grants interim protection to Mohammad Kaif.
The Allahabad High Court has granted interim protection from arrest to Ranji cricketer Mohammad Kaif, brother of Indian cricketer Mohammed Shami, in an FIR accusing him of having sexual relations with a woman on the false promise of marriage.
A division bench of Justices Rajnish Kumar and Zafeer Ahmad passed the order on October 24 while hearing Kaif's criminal writ petition challenging the FIR registered under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita (BNS) against him at Ashiyana Police Station in Lucknow.
Court directed that Kaif shall not be arrested in connection with the FIR until the next date of hearing, subject to his cooperation with the investigation.
During the hearing, the State's counsel submitted that there were contradictions between the complainant's statements recorded during the investigation. The Additional Government Advocate (AGA) also informed the court that the investigating officer had recommended transferring the FIR to Delhi, as the principal allegations related to that city.
What is the case against Mohammad Kaif?
According to the complainant's allegations, she first came in contact with Kaif through Instagram in 2020. Their acquaintance subsequently developed into a relationship, and Kaif allegedly expressed his intention to marry her in August 2023.
The woman, who is reportedly a resident of Lucknow, claimed that she had informed Kaif about her previous marriage and her son, but he assured her that these would not affect their marriage.
She alleged that Kaif subsequently established sexual relations with her at different locations, including Delhi, Kolkata and Lucknow, on repeated assurances of marriage. She also claimed that she left her job as a cabin crew member after Kaif assured her that they would get married.
According to her, Kaif repeatedly postponed the marriage and had indicated that they would marry after the IPL auction in December 2025. However, she alleged that he subsequently began distancing himself and stopped responding to her calls.
The woman had reportedly raised the allegations against Kaif on a social media podcast on April 29, 2026, before the FIR was registered in September.
Appearing for Kaif, advocate Nadeem Murtaza argued that the FIR was based on a wrong and concocted story. He submitted that Kaif had never promised to marry the complainant, much less made a false promise of marriage.
His counsel further argued that the complainant had first levelled the allegations against him on a social media podcast on April 29, 2026, and that the FIR had been lodged to malign his reputation.
Opposing the petition, counsel appearing for the complainant submitted that the contents of the FIR disclosed a cognizable offence under Section 69 BNS. He also disputed Kaif's assertion that his specific denial of making a marriage promise, contained in paragraph 35 of the writ petition, had not been controverted in the counter-affidavit.
During the hearing, the AGA informed the court, on the basis of instructions, that there were contradictions between the complainant's statements recorded under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) [earlier Section 161 and Section 164 of the CrPC, respectively].
In particular, the State pointed out that the complainant had referred to an alleged incident at Hotel Hyatt in Lucknow in her statement under Section 183 BNSS. However, according to the State, this allegation did not find mention in either the FIR or her statement under Section 180 BNSS.
The AGA further informed the court that, since the principal allegations related to Delhi, the investigating officer had recommended to the higher authorities that the FIR be transferred there. The recommendation was pending before the Deputy Commissioner of Police, Lucknow.
Following this submission, Kaif's counsel pointed out that no decision had been taken on the transfer recommendation and that the petitioner apprehended arrest.
The AGA sought time to obtain instructions regarding the decision taken, if any, on the investigating officer's recommendation.
Taking note of the submissions, court ordered, "Till the next date of listing, the petitioner shall not be arrested in pursuance of the impugned FIR, however, he shall cooperate in the investigation".
Court also permitted Kaif's counsel to file a rejoinder affidavit and directed that the matter be listed afresh on November 4, 2026.
Case Title: Mohammad Kaif vs. State of UP and Others
Order Date: October 24, 2026
Bench: Justices Rajnish Kumar and Zafeer Ahmad