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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9906 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.70 of 2026, under Sections 318(4), 336(3), 338 and 340(2) of the B.N.S., 2023, Police Station – Kakrauli, District Muzaffarnagar, with a prayer to enlarge her on anticipatory bail, as the applicant apprehends her arrest in the aforesaid case. 3. Learned counsel for the applicant has contended that the applicant was not named in the First Information Report (FIR). The FIR was lodged against ten named accused. The police supposedly recovered a marks sheet supposedly belonging to the applicant and it is on the basis of the said marks sheet and the confessional statement of the co-accused that the applicant has been implicated. Learned counsel has further submitted that similarly situated co-accused Aarifa, Aasif @ Mohd Aasif and Jamal have been granted anticipatory bail by this Court in NABAIL No.7543 of 2026 , 8584 of 2026 and 8375 of 2026 respectively. The other accused have been granted regular bail. The case of the applicant stands on a similar footing. 4. The Learned A.G.A. has opposed the prayer for bail but does not dispute the fact that the case of the applicant stands on a similar footing to that of the co-accused. Learned A.G.A. has stated that the applicant has no reported criminal antecedents. Versus Counsel for Applicant(s) : Gaurav Singh, Vikas Sharma Counsel for Opposite Party(s) : G.A. Smt Shabeena Khatoon .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. I have considered the submissions made by the Learned counsel for the parties. 6. Similarly situated co-accused Aarifa, Jamal and Aasif alias Mohd Aasif, who were not named in the FIR, have been granted anticipatory bail by this Court. Except for the confessional statement of the co-accused and the recovery of a marks sheet said to be of the applicant, there is no other direct evidence against the applicant. Investigation, so far as the other co-accused are concerned, is over and in the opinion of the Court, the applicant is no longer required for any custodial interrogation. The applicant is a young lady aged about twenty eight years having no criminal history.
7. Taking into consideration the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 8. The anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Smt. Shabeena Khatoon, involved in the aforesaid case crime, he shall be released on anticipatory bail, on her furnishing a personal bond and surety 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. 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 him from disclosing such facts to the Court or to any police officer; iii. The applicant shall not leave India without the previous permission of the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be NABAIL No. 9906 of 2026 2
considered to be an opinion on the merits of the case. September 30, 2026 Kushal NABAIL No. 9906 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad