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Allahabad High Court

AJAY SINGHversusSTATE OF U.P.

Decided

Holding

Because the applicant was not named in the FIR, no direct evidence tied him to the alleged cow slaughter and he had no criminal antecedents, the court held that bail must be granted.

Summary

The High Court considered a bail application filed by Ajay Singh, who was arrested in a case under Sections 3, 5 and 8 of the Cow Slaughter Act for alleged cow slaughter in Bareilly. The applicant argued that he was falsely implicated, was not named in the FIR, and the only item recovered from him was a rope, not any instrument of slaughter. The State could not dispute his clean criminal record but offered no direct evidence linking him to the offence. The Court observed that the absence of the applicant’s name in the FIR, lack of any incriminating material, and his spotless antecedents justified granting bail. Accordingly, the bail was ordered on the condition of a personal bond, sureties and compliance with standard bail conditions.

Issues considered

  • Whether bail should be granted when the accused is not named in the FIR and no direct evidence links him to the alleged offence under the Cow Slaughter Act.
  • Whether the recovery of a rope from the accused’s possession constitutes sufficient material to deny bail.
  • Whether the accused’s lack of criminal antecedents warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • Cow Slaughter Act
  • false implication
  • no antecedents
  • criminal procedure
  • high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15092 of 2026

Ajay Singh
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                          :    Vijendra Pal
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.137 of 2026, under Sections 3/5/8 of
Cow Slaughter Act, Police Station- Hafijganj, District- Bareilly.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant has not been
named in the First Information Report, which was lodged against the
unknown persons. As per the First Information Report, remains of animal
purportedly being cow or its progeny were found near Baigul Nadi in the
jungle. Nearby a bull was found tied to a tree, which was released and the
First Information Report was then lodged. The applicant has been falsely
implicated in the present case on the basis of the information received
from police informer and three meters of rope have been allegedly
recovered from the possession of the applicant. The applicant has no
criminal antecedents and he is languishing in jail since 22.03.2026.

4. The Learned A.G.A. has opposed the prayer for grant of bail, however,
has been unable to dispute the fact that the applicant is having no criminal
antecedents.

5. I have considered the submissions made by the Learned counsels for
the parties and perused the record.
                                                         BAIL No. 15092 of 2026
                                2


6. The applicant is not named in the First Information Report and there is
no direct evidence against the applicant of slaughtering of cow or its
progeny. The recovery made from the possession of the applicant is of a
rope and no instrument used in the slaughter of animals has been
recovered from the possession or the pointing out of the applicant.

7. Taking into account all the entire facts and circumstances of the case as
well as the fact that the applicant has no criminal antecedents, I deem it fit
to enlarge the applicant on bail.

8. The bail application is allowed.

9. Let the accused-applicant- Ajay Singh, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:


i. The applicant will not tamper with the evidence.


ii. The applicant will not indulge in any criminal activity.


iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
                                                                                  BAIL No. 15092 of 2026
                                                                    3


                                    ensure early release of the applicant.



                                                                             (Rajiv Lochan Shukla,J.)
                                    May 5, 2026
                                    Sachin




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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