Allahabad High Court
SHAMA PARVEENversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail on the ground of parity with the co‑accused.
Summary
Shama Parveen applied for bail in a case under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act. The court noted that a co‑accused, Shaista, had already been released on bail in a similar case and that the applicant had no prior criminal record. After hearing counsel for both sides, the court, without expressing an opinion on the merits, found that the applicant had made out a case for bail on the ground of parity. Accordingly, bail was granted subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act during the pendency of trial
- Whether the principle of parity with a co‑accused who has already been released on bail warrants granting bail to the applicant
- Whether the applicant's lack of prior criminal antecedents influences the bail decision
Legislation cited
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- U.P. Prevention of Cow Slaughter Act
- parity
- co-accused
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32929 of 2026
Shama Parveen
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Md Faiz Siddiqui, Pramod Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.24 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Md. Faiz Siddiqui, learned counsel for the applicant, Sri Rajendra Prasad
Singh, learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.191 of 2026, under Section 3/5/8 U.P.
Prevention of Cow Slaughter Act, Police Station Sarai Akil, District Kaushambi,
during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Shaista has already been enlarged on bail by this
Court vide order dated 17.08.2026 passed in Criminal Misc. Bail Application
No.28683 of 2026 and the fact that the applicant has no criminal antecedents to her
credit, and without expressing any opinion on the merits of the case, prima facie the
Court is of the view that the applicant has made out a case for bail. Accordingly, the
bail application is allowed on the ground of parity.
5. Let the applicant- Shama Parveen, be released on bail in the aforementioned case
crime on furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that she shall not
tamper with evidence or intimidate witnesses and shall appear before the trial court as
required.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 16, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
Checking your session…