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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9876 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Sri Anil Srivastava, learned Senior Counsel assisted by Sri Ram Bali Ram, learned counsel for the applicants and the learned A.G.A. for the State as well as perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 182 of 2026, under Sections 109(1), 115(2), 351(3), 352, 324(4), 76, 333 of B.N.S., Police Station- Salempur, District Deoria, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case.
3. Learned counsel for the applicants has contended that applicant no. 1 is a lady and applicant no. 2 is her son. The allegation is that all the accused nominated in the FIR assaulted the injured, who are four in number.
Learned counsel for the applicant has further contended that although the general role has been assigned to the applicants and the other accused of assaulting the injured, but in the FIR and the statement of the injured recorded under Section 180 BNS, applicant No. 1 is stated to be armed with a sword. Learned counsel for the applicant has also contended that there is no injury which can be attributed to a sword. Learned counsel for the applicant has further contended that the applicants and the other co- accused belong to the same family, wherein accused Gore Khan is the husband of applicant No. 1 and father of applicant No. 2 and co-accused Prince Khan is the brother of applicant No. 2 and son of applicant No. 1.
Learned counsel for the applicant has lastly contended that on account of Versus Counsel for Applicant(s) : Ram Bali Ram Counsel for Opposite Party(s) : G.A. Shayra Khatoon And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
enmity between the parties, the applicants have been falsely implicated by assigning them different roles. The co-accused Gore Khan has been granted regular bail by this Court on 10.08.2026 in Criminal Misc. Bail Application No. 21872 of 2026. The applicants have no criminal antecedents. 4. Learned AGA has opposed the prayer for grant of anticipatory bail and has contended that specific role has been assigned to the applicants. The injured have received grievous injuries and the applicants may not be considered for grant of anticipatory bail. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The co-accused Gore Khan has been granted regular bail by this Court. No injury which could be considered to be dangerous to life as has been pointed out by the learned AGA. The applicant No. 1 is stated to be armed with a sword and there is no injury which may be attributed to a sharp edged weapon. 7. Taking into account the facts and circumstances of the case, in the prima facie opinion of the Court, the false implication of the applicants, who belong to one family, cannot be ruled out. The applicants have no criminal antecedents. Therefore, I deem it appropriate to enlarge applicants on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicants is allowed. 9. In the event of the arrest of the applicants- Shayra Khatoon and Jabaj Khan, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing of their 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 applicants shall make themselves available for interrogation by a police officer as and when required;
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ii. that the applicants 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court; iv.
that the applicants 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 considered to be an opinion on the merits of the case. September 29, 2026 Junaid NABAIL No. 9876 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad