Allahabad High Court
SAMSHULversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the applicant, finding the case fit for release on bail under the stipulated conditions.
Summary
The applicant, Samshul, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 3 and 8 of the Cow Slaughter Act concerning the alleged disposal of cow carcasses. The FIR was lodged against unknown persons, and during investigation the co‑accused Meraj, who had already been granted bail, implicated Samshul in his confessional statement. The applicant had been in custody since 13 April 2026 and argued that he had no prior criminal history and would not misuse the liberty if released. The State opposed the bail, citing the seriousness of the offence and the risk of tampering with evidence. After considering the facts and the record, the court found the matter suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent intimidation of witnesses or evidence tampering.
Issues considered
- What is the appropriateness of granting bail under Section 483 B.N.S.S. to an accused implicated through a co‑accused's confession in a cow‑slaughter case?
- Does the applicant's alleged involvement and the seriousness of the offence justify denial of bail?
- Are there sufficient safeguards to prevent witness intimidation or evidence tampering if bail is granted?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 8
Subjects
- bail
- cow slaughter
- criminal procedure
- Section 483 B.N.S.S.
- confessional statement
- sureties
- witness intimidation
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15061 of 2026
Samshul
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Mohd Achhay, Pradeep Kumar, Vashishtha
Naraian Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed today by learned counsel for the applicant is taken on
record.
2. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Manoj Gautam,
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 Case Crime No. 87 of 2026 under Section 3/8 Cow Slaughter Act, Police Station
Kokhraj, District Kaushambi during pendency of the trial.
4. It has been argued by learned counsel for the applicant that FIR has been lodged
against unknown and during investigation, co-accused Meraj was arrested and name
of the applicant surfaced in his confessional statement. It is further submitted that co-
accused Meraj has already been granted bail by this Court vide order dated 24.3.2026
passed in Crl. Misc. Bail Application No. 9969 of 2026. It is further submitted that
criminal history of the applicant has been explained in the memo of application and he
is in jail since 13.4.2026. It is also submitted that applicant 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.
5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the
applicant.
6. As per allegations in the FIR, mortal remains of some slaughtered cows are said to
have been found in an open place. FIR has been lodged against unknown and during
investigation, co-accused Meraj was arrested and name of the applicant surfaced in his
confessional statement. Co-accused Meraj has already been granted bail by this
Court.
BAIL No. 15061 of 2026
2
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 Samshul involved in the aforesaid case crime 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 with the following conditions :-
(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.
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.
May 5, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
Checking your session…