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Allahabad High Court

SHAKIRversusSTATE OF U.P.

Decided

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shakir, who was arrested in connection with a case under Section 109(1) of the same Act and Sections 5A/8 of the U.P. Prevention of Cow Slaughter Act. The applicant claimed innocence, alleging false implication and that two live bulls were recovered from co‑accused Tasleem, while asserting he would not misuse liberty if released. The State opposed bail, highlighting the applicant's criminal history and the alleged flight of the accused from the scene. After reviewing the FIR and the record, the judge, without expressing an opinion on the merits, found the circumstances sufficient to grant bail. The court ordered release on a personal bond of Rs. 50,000 with two sureties and imposed 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 findings.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under Section 109(1) B.N.S. and Sections 5A/8 of the U.P. Prevention of Cow Slaughter Act, considering the applicant's alleged innocence, criminal history, and risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • cow slaughter act
  • flight risk
  • surety
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 14175 of 2026

Shakir
                                                             .....Applicant(s)
                                   Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)                        :    Yogesh Mishra
Counsel for Opposite Party(s)                   :    G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed on behalf of the applicant is taken on
record.

2. Heard Shri Yogesh Mishra, learned counsel for the applicant, and Shri
Ashish Kumar Tripathi, 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.42 of 2026, under
Sections 109(1) of B.N.S., and Section 5A/8 of U.P. Prevention of Cow
Slaughter Act, registered at Police Station Gunjdundwara, District
Kasganj, 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 two alive bulls are said to have
been recovered from the possession of the applicant and co-accused
Tasleem and the applicant are said to have fled away from the place of
occurrence. It is further submitted that the applicant is languishing in jail
since 20.03.2026 and the applicant is having criminal history, 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. 14175 of 2026
                                2


5. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.

6. As per first information report, two alive bulls are said to have been
recovered from the possession of the co-accused and other co-accused
Tasleem and the applicant are said to have fled away from the place of
occurrence. It is further submitted that the applicant is languishing in jail
since 20.03.2026 and the applicant is having criminal history, 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- Shakir 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.
                                                                                             BAIL No. 14175 of 2026
                                                                    3


                                    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 6, 2026
                                    RKM




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad


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