Allahabad High Court
SAIKAL @ HAMIDversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is appropriate and granted the application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Saikal @ Hamid, who is charged under IPC sections 307, 353, 332, 429 and sections of the Prevention of Cow Slaughter Act. The applicant claimed innocence, asserted that no incriminating material was recovered from him, and highlighted his prolonged pre‑trial detention since 1 April 2026. The State opposed bail, pointing to the applicant’s alleged criminal history of eight prior cases. After reviewing the record and the supplementary affidavits, the Court, without expressing a view on the merits, found the case suitable for bail and ordered release on a personal bond with conditions to prevent tampering or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to an accused facing serious IPC offences and a cow‑slaughter offence.
- Whether the applicant’s criminal history and the nature of the charges warrant denial of bail.
- Whether there is a risk of the applicant tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 307, 332, 353, 429
- Prevention of Cow Slaughter Act — s. 3, 5 Ka, 5 Kha, 8
Subjects
- bail
- Section 483 B.N.S.S.
- IPC offences
- Prevention of Cow Slaughter Act
- flight risk
- witness tampering
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13276 of 2026
Saikal @ Hamid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Ahmar Malik
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Two supplementary affidavits filed on behalf of the applicant, which are
taken on record.
2. Heard Shri Mohammad Ahmar Malik, learned counsel for the applicant,
and Shri B.P. Maurya, learned AGA for the State-respondents and perused
the record.
3. 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.43 of 2021, under Sections 307,
353, 332, 429 of I.P.C. and Sections 3/5 Ka/8/5Kha Prevention of Cow
Slaughter Act, registered at Police Station Kokhraj, District Kaushambi,
during pendency of the trial.
4. 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 nothing has been recovered from
the possession of the applicant and as per first information report, 22 alive
bulls and 2 dead bulls are said to have been recovered from a container and
the applicant was found travelling in a separate vehicle, which was running
ahead of the container. It is further submitted that the applicant is
languishing in jail since 01.04.2026, 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant
BAIL No. 13276 of 2026
2
and it has been submitted by him that the applicant is having criminal history
of 8 cases.
6. In reply, learned counsel for the applicant submits that the applicant has
explained criminal history of 8 cases in the supplementary affidavit filed
today.
7. As per first information report, 22 alive bulls and 2 dead bulls are said to
have been recovered from a container and the applicant was found travelling
in a separate vehicle, which was running ahead of the container. It is further
submitted that the applicant is languishing in jail since 01.04.2026.
8. 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.
9. Let the applicant- Saikal @ Hamid 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 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.
10. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
11. 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
BAIL No. 13276 of 2026
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to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
May 6, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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