Allahabad High Court
ASLAMversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to the accused.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Aslam, who was arrested in connection with a case under Sections 3, 5 and 8 of the Cow Slaughter Act. The applicant claimed innocence, stating that the FIR was lodged against an unknown person and that no incriminating material was recovered from his possession, though he has six prior criminal cases. The State opposed bail, emphasizing the applicant's criminal history. After reviewing the record, the court, without expressing an opinion on the merits, found the circumstances suitable for bail. Consequently, the court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court's future determination of guilt.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case under the Cow Slaughter Act despite his prior criminal history.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Cow Slaughter Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- criminal history
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13489 of 2026
Aslam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Ashraf
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 Mohd. Asharaf, learned counsel for the applicant and Sri O.P.
Singh, 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. 230 of 2026, under
Section 3/5/8 Cow Slaughter Act, Police Station Izzat Nagar,, District
Bareilly, during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 30.3.2026. It is further submitted that
FIR has been lodged against unknown and during investigation name of
the applicant has surfaced, however, nothing has been recovered from the
possession of the applicant. It is also submitted that the applicant is
having criminal history of six cases which has been duly explained in the
supplementary affidavit filed today. 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 No. 13489 of 2026
2
bail to the applicant.
6. FIR has been lodged against unknown alleging therein that some mortal
remains of slaughtered cows are said to have been found in a drain.
During investigation name of the applicant has surfaced and he has been
arrested, however, nothing has been recovered from his possession. The
applicant is having criminal history of six cases which has been duly
explained in the supplementary affidavit.
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- Aslam 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
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3
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.
(Jitendra Kumar Sinha,J.)
April 23, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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