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Allahabad High Court

SHAUKAT KURANversusSTATE OF U.P.

Decided

Holding

The court granted anticipatory bail to the applicant.

Summary

The Allahabad High Court considered a bail application filed by Shaukat Kuran, who was arrested in a case under Sections 3, 5 and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act. The applicant contended that co‑accused had already been released on bail, no beef or other material was seized from him, and his name appeared only in a co‑accused’s confessional statement; he also submitted a supplementary affidavit detailing his criminal history and his detention since 5 February 2026. The State opposed the bail, arguing the seriousness of the offence. After reviewing the record, the court, without expressing an opinion on the merits, found the matter suitable for bail and ordered his release on a personal bond of Rs 50,000 with two sureties, subject to several conditions. The order clarified that it was limited to the bail application and would not prejudice the trial court’s eventual findings.

Issues considered

  • Whether anticipatory bail can be granted when the applicant’s involvement is alleged only through a co‑accused’s confessional statement and no material has been recovered from him.
  • Whether the applicant’s criminal history and prolonged pre‑trial detention justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Uttar Pradesh Prevention of Cow Slaughter Act
  • confessional statement
  • pre‑trial detention
  • bail conditions
  • criminal procedure

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 8276 of 2026

Shaukat Kuran
                                                                        .....Applicant(s)
                                            Versus
State of U.P.
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)                :     Priya Dubey, Ravi Jha, Sharadey Mishra
Counsel for Opposite Party(s)           :     G.A.

Court No. - 69
                    HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed by the learned counsel for the applicant is taken on
record.

2. Heard Sri Shardey Mishra, learned counsel for the applicant, Sri Shiv Dutt Shukla,
learned AGA for the State-respondents and perused the record.

3. The present application has been moved seeking anticipatory bail in Case Crime no.
17 of 2026 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police
Station Nonhara, District Ghazipur with the prayer that in the event of arrest, the
applicant may be released on bail.

4. It has been argued by learned counsel for the applicant that co-accused Gayasuddin
@ Ziau @ Ziauddin Kuraisi and Sahzada Kuraishi @ Mu Shahzada have already been
enlarged on bail by this Court vide orders dated 07.4.2026 and 10.4.2026 passed in
Crl. Misc. Bail Application Nos.9974 of 2026 and 5015 of 2026 respectively. It is
further submitted that nothing has been recovered from the possession of the applicant
and his name has surfaced in the confessional statement of co-accused Sahzada
Kuraishi @ Mu Shahzada. It is further submitted that as per the FIR, 33 kg of beef is
said to have been recovered from the possession of co-accused Sahzada Kuraishi @
Mu Shahzada. It is further submitted that criminal history of the applicant has been
explained in the supplementary affidavit filed today and he has been languishing in
jail since 05.2.2026. It is also submitted that the applicant undertakes that he will not
misuse the liberty, if granted. It has also been pointed out that in the wake of heavy
pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant.

6. Nothing is said to have been recovered from the possession of the applicant and his
name has surfaced in the confessional statement of co-accused Sahzada Kuraishi @
Mu Shahzada from whose possession, 33 kg of beef is said to have been recovered.
                                                                                                       BAIL No. 8276 of 2026
                                                                         2

                                    Criminal history of the applicant has been explained in the supplementary affidavit
                                    filed today and he has been languishing in jail since 05.2.2026.

                                    7. Upon considering the totality of facts, nature and the evidence reflected from record
                                    and without expressing any opinion on merits of the case, I find it to be a fit case for
                                    bail. Hence, the present bail application is ALLOWED.

                                    8. Let the applicant Shaukat Kuran involved in the aforesaid case crime be released
                                    on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the
                                    like amount to the satisfaction of the Court concerned with the following conditions :-

                                    (i) 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 or tamper with the evidence.

                                    (ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

                                    (iii) The applicant shall remain present, in person, before the trial court on the dates
                                    fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
                                    under Section 351 of B.N.S.S.

                                    (iv) The applicant shall file an undertaking to the effect that he shall not seek any
                                    adjournment on the dates fixed for evidence when the witnesses are present in the trial
                                    court.

                                    (v) The applicant shall remain present before the trial court on each date fixed, either
                                    personally or through his counsel.

                                    9. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    10. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as an expression
                                    on the merits of the case. The trial court shall be absolutely free to arrive at its
                                    independent conclusions on the basis of evidence led unaffected by anything said in
                                    this order.

                                    May 5, 2026
                                    Madhurima
                                                                                            (Jitendra Kumar Sinha,J.)




Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad


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