Allahabad High Court
SARFRAZ AHMAD AND ANOTHERversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicants are fit for bail and granted it subject to strict conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Sarfraz Ahmad and Shadab Ahmad who were charged under Sections 3, 5 and 8 of the Cow Slaughter Act. The applicants claimed innocence, no prior criminal record, and that they were falsely implicated, while the State opposed bail. The Court examined the facts, including the recovery of 65 kg of cow meat and the flight of two co‑accused, and, without expressing an opinion on the merits, found the case suitable for bail. Accordingly, the Court granted bail on a personal bond of Rs. 50,000 with two sureties each, imposing conditions such as non‑interference with witnesses and attendance at trial dates. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- Whether the applicants are entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Cow Slaughter Act.
- Whether the nature of the offence and the facts on record justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Cow Slaughter Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Section 351
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14563 of 2026
Sarfraz Ahmad And Another
.....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 Shri Shahzad Alam, learned counsel for the applicants and Shri
Radhey Shyam, 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
Sections 3/5/8 of Cow Slaughter Act, registered at Police Station
Gambhirpur, District Azamgarh, during pendency of the trial.
3. It has been submitted by learned counsel for the applicants that the
applicants are innocent and they have been falsely implicated in this case
due to ulterior motive. It is further submitted that co-accused Rais Ahmad
has already been granted bail by this Court vide order dated 05.05.2026
passed in Criminal Misc. Bail Application No.14097 of 2026. It is further
submitted that the applicant no.1 Sarfaraz is said to have been arrested
and from his possession 65 Kg of cow meat is said to have been recovered
and two other co-accused persons are said to have fled away from the
place of occurrence. The applicants are languishing in jail since
27.10.2025 and the applicant is having no criminal history. It was also
submitted that applicants undertake to co-operate during trial and they
would appear as and when required by the investigating agency or Court.
It has been stated that in case, applicants are granted bail, they shall not
misuse the liberty of bail and will co-operate with the investigation and
would obey all conditions of bail.
BAIL No. 14563 of 2026
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4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Rais Ahmad has already been granted bail by this Court
vide order dated 05.05.2026 passed in Criminal Misc. Bail Application
No.14097 of 2026. It is further submitted that the applicant no.1 Sarfaraz
is said to have been arrested and from his possession 65 Kg of cow meat
is said to have been recovered and two other co-accused persons are said
to have fled away from the place of occurrence. The applicants are
languishing in jail since 27.10.2025 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 applicants - Sarfraz Ahmad and Shadab Ahmad involved in
the aforesaid case crime shall be released on bail on their 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 applicants 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 them from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicants shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicants 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 applicants shall file an undertaking to the effect that they shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
(v) The applicants shall remain present before the trial court on each date
BAIL No. 14563 of 2026
3
fixed, either personally or through their 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
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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