Allahabad High Court
FIROZversusSTATE OF U.P.
- Decided
Holding
The Court held that bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Firoz, who was charged under Sections 3, 5A and 8 of the Cow Slaughter Act and Section 11 of the Animal Cruelty Act for allegedly transporting three cows in a bolero vehicle. The applicant pleaded innocence, asserted false implication, and highlighted his clean criminal record and the delay in trial. The State opposed bail, but the Court, after reviewing the FIR and the circumstances, found no substantive reason to deny bail and noted the applicant’s willingness to comply with conditions. Consequently, the Court granted bail on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not comment on the merits of the underlying criminal case.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving alleged cow slaughter and animal cruelty.
- Whether the applicant’s lack of prior criminal record and claim of false implication justify the grant of bail.
- Whether the risk of evidence tampering or witness intimidation warrants denial of bail.
Legislation cited
- Animal Cruelty Act — s. 11
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- criminal procedure
- cow slaughter
- animal cruelty
- Section 483
- presumption of innocence
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14485 of 2026
Firoz
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Singh Baish
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rajesh Singh Baish, learned counsel for the applicant, and
Shri Ashish Kumar Tripathi, 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.93 of 2026, under
Sections 3/5A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty
Act, registered at Police Station Kotwali Chunar, District Mirzapur,
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 3 cows are said to have been
recovered from a bolero vehicle, in which, the applicant and other co-
accused were found travelling in the said vehicle. It is further submitted
that the applicant is languishing in jail since 08.03.2026 and the applicant
is having no criminal history, 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
applicant.
BAIL No. 14485 of 2026
2
5. As per first information report, 3 cows are said to have been recovered
from a bolero vehicle, in which, the applicant and other co-accused were
found travelling in the said vehicle. It is further submitted that the
applicant is languishing in jail since 08.03.2026 and 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- Firoz 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.
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
BAIL No. 14485 of 2026
3
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 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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