Allahabad High Court
ABIDversusSTATE OF U.P.
- Decided
Holding
The court held that the bail application is a fit case for bail and granted 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, on behalf of the accused Abid, who was charged under Sections 3(5) of the same Act and Sections 3, 5 and 8 of the Cow Slaughter (Prevention) Act. The applicant claimed innocence, alleging false implication and reliance on a co‑accused’s confessional statement, and pointed to the fact that a similarly situated co‑accused, Zakir, had already been granted bail. The State opposed bail, highlighting the applicant’s criminal history of nine cases, most relating to the Cow Slaughter Act, though the applicant asserted he was already on bail in those matters. After reviewing the record and noting the lack of merit assessment, the judge found the case suitable for bail and imposed standard conditions, including a personal bond and undertakings not to tamper with evidence or intimidate witnesses. Consequently, the court ordered the release of Abid on bail subject to the stipulated conditions, while expressly stating that the order does not prejudice the trial court’s eventual judgment on the merits.
Issues considered
- Whether the accused Abid is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the offences and his criminal history.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Cow Slaughter (Prevention) Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Cow Slaughter Act
- confessional statement
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14103 of 2026
Abid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Tiwari, Mohd Yasir
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mohd. Yasir, learned counsel for the applicant, and Shri
Chandra Shekhar Saran, 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.124 of 2026, under
Sections 3(5) of B.N.S. and Section 3/5/8 of Cow Slaughter (Prevention)
Act, registered at Police Station Lohiyanagar, District Meerut, 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 the applicant has not been
arrested on the spot and his name has surfaced in the confessional
statement of co-accused Wasim Qureshi, Abid and Zakir. It is further
submitted that similarly placed co-accused Zakir has already been granted
bail by this Court vide order dated 28.04.2026 passed in Criminal Misc.
Bail Application No.13980 of 2026. It is further submitted that the
applicant is languishing in jail since 12.034.2026 and the applicant is
having criminal history of nine cases, which has been explained in the
memo of application, 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.
BAIL No. 14103 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the applicant is having
criminal history of nine cases and most of the cases relating to the Cow
Slaughter Act.
5. In reply, learned counsel for the applicant submits that the applicant is
on bail in the all the nine cases.
6. Similarly placed co-accused Zakir has already been granted bail by this
Court vide order dated 28.04.2026 passed in Criminal Misc. Bail
Application No.13980 of 2026 and the name of the applicant has surfaced
in the confessional statement of the co-accused. It is further submitted that
the applicant is languishing in jail since 12.03.2026 and the applicant is
having criminal history of nine cases, which has been explained in the
memo of application.
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- Abid 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. 14103 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.
9. In case of breach of any of the above conditions, it shall be a ground for
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.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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