Allahabad High Court
SANTOSH @ ISHAversusSTATE OF U.P.
- Decided
Holding
The court held that the case is fit for bail and allowed the bail application.
Summary
The applicant, Santosh @ Isha, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving alleged violations of the Prevention of Cow Slaughter Act, the Prevention of Cruelty to Animals Act, and provisions of the BNS. The applicant claimed innocence and alleged false implication, noting that co‑accused had already been granted bail and that the trial was likely to be delayed. The State opposed bail, emphasizing the seriousness of the offences and the applicant's alleged flight from the scene. After reviewing the record, the court found the circumstances suitable for bail without expressing an opinion on the merits. Accordingly, the bail application was allowed subject to a personal bond of Rs. 50,000, two sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the alleged flight risk.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 325, 483
- Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
- Prevention of Cruelty to Animals Act — s. 11
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Prevention of Cow Slaughter Act
- Prevention of Cruelty to Animals Act
- pendency of trial
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13194 of 2026
Santosh @ Isha
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Lal Behari Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Lal Behari Yadav, learned counsel for the applicant, and
Shri Ashish Kumar Tripathi, learned AGA for the State-respondents and
perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.116 of 2025, under
Sections 3/5A/5B/8 Prevention of Cow Slaughter Act and Section 11 of
Prevention of Cruelty to Animals Act and Section 109(1), 325 of BNS,
registered at Police Station Kandawa, District Chandauli, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that co-accused Modar, Usha,
Shailendra Kumar and Indal Saroj have already been granted bail by the
Co-ordinate Bench of this Court vide orders dated 11.03.2026,
09.03.2026, 18.03.2026 and 20.03.2026 passed in Criminal Misc. Bail
Application Nos.4790 of 2026, 2257 of 2026, 3941 of 2026 and 3249 of
2026. It is further submitted that as per first information report, 3 alive
bulls, three alive cows and two dead cows are said to have been recovered
from a pickup vehicle and the applicant is said to have fled away from the
place of occurrence. It is further submitted that the applicant is
languishing in jail since 24.03.2026, undertakes that he will not misuse
the liberty, if granted. It has also been pointed out that in the wake of
BAIL No. 13194 of 2026
2
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Modar, Usha, Shailendra Kumar and Indal Saroj have
already been granted bail by the Co-ordinate Bench of this Court vide
orders dated 11.03.2026, 09.03.2026, 18.03.2026 and 20.03.2026 passed
in Criminal Misc. Bail Application Nos.4790 of 2026, 2257 of 2026, 3941
of 2026 and 3249 of 2026. It is further submitted that as per first
information report, 3 alive bulls, three alive cows and two dead cows are
said to have been recovered from a pickup vehicle and the applicant has
not been arrested on the spot. It is further submitted that the applicant is
languishing in jail since 24.03.2026.
6. 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.
7. Let the applicant- Santosh @ Isha involved in the aforesaid case crime
shall 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 :-
(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
BAIL No. 13194 of 2026
3
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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. 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.
(Jitendra Kumar Sinha,J.)
May 6, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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