SHAYRA KHATOON AND ANOTHERversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9876 of 2026

Shayra Khatoon And Another
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                        :    Ram Bali Ram
Counsel for Opposite Party(s)                   :    G.A.

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
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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.



                                                                                    (Rajiv Lochan Shukla,J.)
                                    September 29, 2026
                                    Junaid




Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad