Allahabad High Court
RAIS AHMADversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail as the case is fit for release on bail under Section 483 of the B.N.S.S.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Rais Ahmad, who was arrested in a case under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act for allegedly possessing 65 kg of cow meat. The applicant claimed innocence, stating that his name appeared only in a co‑accused's confessional statement and that he had no prior criminal record. The State opposed bail, but the court, after reviewing the record and without expressing an opinion on the merits, found the circumstances suitable for bail. The court ordered release on a personal bond of Rs. 50,000 with two sureties, imposing 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 independent assessment.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case under the U.P. Prevention of Cow Slaughter Act
- Whether the applicant’s alleged involvement and the evidence disclosed justify denial of bail
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Section 483 B.N.S.S.
- U.P. Prevention of Cow Slaughter Act
- sureties
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14097 of 2026
Rais Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shahzad Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Shahzad Alam, learned counsel for the applicant and
Sri B.P. Maurya, 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. 82
of 2026, under Section 3/5/8 UP Prevention of Cow Slaughter Act,
Police Station Gambhirpur, District Azamgarh 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 2.4.2026. It is
further submitted that co-accused Sarfaraz is said to have been
arrested and from his possession 65 kg of cow meat is said to
have been recovered and name of the applicant has surfaced in
his confessional statement. 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.
BAIL No. 14097 of 2026
2
5. Co-accused Sarfaraz is said to have been arrested and from his
possession 65 kg of cow meat is said to have been recovered and
name of the applicant has surfaced in his confessional statement.
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- Rais Ahmad 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.
BAIL No. 14097 of 2026
3
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 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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