Allahabad High Court
SHAHANA BEGUMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant, holding that the facts and circumstances warranted its issuance.
Summary
The High Court considered a second anticipatory bail application filed by Shahana Begum under Section 8 of the U.P. Prevention of Cow Slaughter Act in a 2019 case where a non‑bailable warrant had been issued. The applicant claimed false implication and pointed to the grant of anticipatory bail to a co‑accused, Imrana Khatoon, in a similar matter. The State opposed bail, highlighting the applicant's prior criminal case under the same Act, arguing she was a repeat offender. The Court noted that the alleged offences did not carry a punishment exceeding seven years, the applicant was not arrested on the spot, and she is a woman, and found the circumstances sufficient to grant bail. Consequently, the Court allowed the anticipatory bail with standard conditions and the power to cancel it on breach.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite being a repeat offender under the U.P. Prevention of Cow Slaughter Act
- Whether the existence of a non‑bailable warrant and a confessional statement implicating the applicant precludes bail
Legislation cited
Subjects
- anticipatory bail
- U.P. Prevention of Cow Slaughter Act
- repeat offender
- non‑bailable warrant
- gender considerations
- confessional statement
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 10164 of 2026
Shahana Begum
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kalp Dev Mishra, Rohit
Kumar Patel
Counsel for Opposite Party(s) : G.A.
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withdrawn with the liberty to file a fresh application after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
NABAIL No. 10164 of 2026
2
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
3
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
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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