Allahabad High Court
NAND KISHOR @ CHHOTUversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
Bail was granted as the applicant was not named in the FIR and no direct evidence existed against him.
Summary
The High Court considered a bail application filed by Nand Kishor alias Chhotu in a case under Sections 3, 5 and 8 of the Cow Slaughter Act. The applicant argued that he was falsely implicated, noting that he was not named in the FIR and that the only alleged link was a rope recovered from his possession, with no direct evidence of his involvement. The State could not refute the applicant’s clean criminal record. The Court observed the lack of direct evidence, the applicant’s non‑inclusion in the FIR, and his absence of antecedents, and therefore found no justification to keep him in custody. Consequently, the Court granted bail subject to a personal bond, two sureties and standard conditions such as non‑tampering with evidence and regular appearance in court. The order also directed electronic transmission of the bail order to the jail for prompt release.
Issues considered
- Whether bail should be granted to the accused when he is not named in the FIR and there is no direct evidence linking him to the alleged cow slaughter offence.
Legislation cited
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Cow Slaughter Act
- false implication
- no criminal antecedents
- evidence
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15110 of 2026
Nand Kishor @ Chhotu
.....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. 15110 of 2026
2
6. Taking into consideration the fact that the applicant is not named in the
First Information Report and there is no direct evidence against the
applicant and the applicant being involved in the slaughtering of cow or
its progeny and there is no recovery from the possession of the applicant,
I deem it fit to enlarge the applicant on bail.
7. The bail application is allowed.
8. Let the accused-applicant- Nand Kishor alias Chhotu, 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.
9. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.
10. 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.
11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
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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