Allahabad High Court
NASIRversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to the accused.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Nasir in a case under Sections 3, 5 and 8 of the Cow Slaughter Act. The applicant claimed innocence, no criminal record, and that no material was recovered from his possession, while the FIR was lodged against an unknown person. The State opposed bail. After reviewing the facts and noting the lack of incriminating evidence and the applicant's clean record, the court, without expressing an opinion on the merits, deemed the case fit for bail. The court ordered release on a personal bond of Rs. 50,000 with two sureties and imposed standard bail conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court's independent assessment.
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 where no material has been recovered and the accused has no prior criminal record.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Section 483 B.N.S.S.
- Cow Slaughter Act
- criminal procedure
- Uttar Pradesh
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13568 of 2026
Nasir
.....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. Heard Mohd. Asharaf, learned counsel for the applicant and Sri O.P.
Singh, 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. 230 of 2026, under
Section 3/5/8 Cow Slaughter Act, Police Station Izzat Nagar,, District
Bareilly, during pendency of the trial.
3. 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 no criminal history. 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.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
5. FIR has been lodged against unknown alleging therein that some mortal
remains of slaughtered cows are said to have been found in a drain.
BAIL No. 13568 of 2026
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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 no criminal history.
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- Nasir 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.
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
BAIL No. 13568 of 2026
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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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