Allahabad High Court
VIJAY KUMAR GAUTAM @ KALLUversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the accused, finding the case fit for release on personal bond with conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vijay Kumar Gautam, who was charged under Sections 3, 5-A and 8 of the Prevention of Cow Slaughter Act, Section 109(1) of the same Sanhita, and Sections 3 and 25 of the Arms Act. The applicant claimed innocence, stating that the firearms and slaughtering instruments recovered were not his and that he himself had sustained a firearm injury. The State opposed bail, highlighting the seriousness of the offences and the applicant’s prior criminal history. After reviewing the record, the court found the case suitable for bail, emphasizing the need to ensure the applicant’s presence at trial and to prevent tampering with evidence. Consequently, the court ordered his release on bail with a personal bond of Rs. 50,000 and two sureties, subject to strict conditions, while expressly reserving the trial court’s right to decide the merits independently.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences under the Prevention of Cow Slaughter Act, Arms Act and B.N.S.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses
- Whether the applicant’s prior criminal history warrants denial of bail
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 483
- Prevention of Cow Slaughter Act — s. 3, 5-A, 8
Subjects
- bail
- criminal procedure
- preventive offences
- Arms Act
- Prevention of Cow Slaughter Act
- Bharatiya Nagarik Suraksha Sanhita
- trial pendency
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14204 of 2026
Vijay Kumar Gautam @ Kallu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jagadish Prasad Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Jagdish Prasad Yadav, learned counsel for the applicant and
Shri 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. 57 of 2026, under
Sections 3/5-A/8 of Prevention of Cow Slaughter Act and Section 109(1)
of B.N.S. and Section 3/25 of Arms Act, registered at Police Station
Suriyawan, District Bhadohi, 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. It is
further submitted that one country made pistol, some live and empty
cartridges and some slaughtering instruments are said to have been
recovered from the possession of the applicant. It is further submitted that
no police personnel has received any injury of firearm on the contrary, the
applicant has received injury of firearm on his leg. The applicant is
languishing in jail since 02.03.2026 and the applicant is having criminal
history of one case, 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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
BAIL No. 14204 of 2026
2
applicant.
5. As per allegations in the first information report, one country made
pistol, some live and empty cartridges and some slaughtering instruments
are said to have been recovered from the possession of the applicant. It is
further submitted that no police personnel has received any injury of
firearm on the contrary, the applicant has received injury of firearm on his
leg. The applicant is languishing in jail since 02.03.2026 and the applicant
is having criminal history of one case, which has been explained in the
memo of application.
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- Vijay Kumar Gautam @ Kallu 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. 14204 of 2026
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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
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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