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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10164 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 2nd anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 199 of 2019, under Section 8 of the U.P. Prevention of Cow Slaughter Act, Police Station – Phaphoond, District Auraiya, with a prayer to enlarge her on anticipatory bail, as the applicant apprehends her arrest in the aforesaid case. 3. The first bail application of the applicant was dismissed as withdrawn with the liberty to file a fresh application after explaining the criminal antecedents of the applicant. 4. Learned counsel for the applicant has contended that the applicant and her daughter were falsely implicated in the present case. The co-accused, Imrana Khatoon has been granted anticipatory bail by this Court in NABAIL No. 8435 of
2026. The case of the applicant stands on a similar footing. The applicant is a lady and although, non-bailable warrants have been issued on 27.07.2026, the present case, which is of the year 2019, is still pending at the stage of appearance of the accused. 5. Learned A.G.A. has opposed the prayer for bail but does not Versus Counsel for Applicant(s) : Kalp Dev Mishra, Rohit Kumar Patel Counsel for Opposite Party(s) : G.A. Shahana Begum .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
dispute the explanation given by the applicant with respect to her criminal antecedents. The Learned A.G.A., however, has pointed out that the previous criminal case against the applicant is also under the U.P. Prevention of Cow Slaughter Act and being a repeat offender, she may not be considered for grant of anticipatory bail. 6. I have considered the submissions made by the Learned counsel for the parties. 7. The applicant was not arrested on the spot. The name of the applicant has surfaced in the confessional statement of the co- accused. Admittedly, the offences in question, in the event of a conviction, do not entail punishment of more than seven years at the relevant time. 8.
Taking into account the entire facts and circumstances of the case, especially the fact that the applicant is a lady and similarly situated co-accused has been granted bail, a case for grant of anticipatory bail is made out. 9. The anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Shahana Begum, involved in the aforesaid case crime, she 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 NABAIL No. 10164 of 2026 2
witness;
11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 30, 2026 Kushal NABAIL No. 10164 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad