Allahabad High Court
ANNI BEGUMversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the trial, without expressing any opinion on the merits of the case.
Summary
Anni Begum was arrested in connection with Crime No. 803 of 2025, alleged to have fraudulently obtained pension benefits of Rs. 24,000, which have already been recovered by the Government. She has been in custody since 3 July 2026 and has no prior criminal record, while her co‑accused have already been released on bail. The applicant sought bail during the pendency of trial, arguing innocence and that no further monetary loss remains. The State opposed bail, citing the nature and severity of the offences under Sections 318(4), 338, 336(3) and 340(2) of the Indian Penal Code. The Court, after considering the nature of the offences, the evidence, and the submissions, held that the applicant is entitled to bail without expressing any view on the merits, and ordered her release on a personal bond with two sureties and specific conditions. The bail order is subject to cancellation if conditions are breached.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial despite the nature of the offences alleged under the Indian Penal Code
- Whether the severity of the alleged offences justifies denial of bail
Legislation cited
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- presumption of innocence
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35060 of 2026
Anni Begum
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 803 of 2025, under Sections 318(4), 338, 336(3),
340(2) BNS, Police Station Aonla, District Bareilly, during the pendency
of trial.
It is argued by the learned counsel for the applicant that applicant is
innocent and has been falsely implicated in the present case. As per
allegation against the applicant, he is confined to having allegedly
obtained pensionary benefits amounting to Rs. 24,000/-, which amount
has already been recovered by the Government. Thus, monetary loss, if
any, has already been full recovered and no further recovery remained to
be made from the applicant. Co-accused of the applicant namely Swaleen
and Sanno Bi have already enlarged on bail by this Court vide orders
dated 1.9.2026 and 14.9.2026 passed in Criminal Misc. Bail Application
Nos. 29506 of 2026 and 32445 of 2026. It is submitted that applicant has
no previous criminal history except the present case. Applicant is in jail
since 03.07.2026 and in case he is released on bail, he will not misuse the
liberty of bail.
Per contra, learned AGA, however, opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the
BAIL No. 35060 of 2026
2
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial. Accordingly, without
expressing any opinion on the merits of the case, the instant bail
application is allowed.
Let the applicant-Anni Begum be released on bail in the aforesaid case
on furnishing a personal bond and two sureties each in the like amount to
the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
In case of breach of any of the above condition, the prosecution will be at
liberty to move an application before this Court for cancellation of the
bail of the applicant.
It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
October 1, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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