Allahabad High Court
NAJAKATversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Najakat, who was implicated in a case under Sections 3, 5A and 8 of the Cow Slaughter Act for the alleged recovery of 30 cows. The applicant argued that he was not named in the FIR, his name only appeared in the confessional statements of co‑accused, no material was recovered from him, and he had no prior criminal record, while six co‑accused had already been granted bail. The State opposed the bail, contending that the allegations warranted continued detention. The Court, after reviewing the record and noting the lack of direct evidence against the applicant and the precedent of bail to co‑accused, held that the case was fit for bail without expressing any view on the merits. Accordingly, the bail was granted on a personal bond of Rs. 50,000 with two sureties and a set of conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the case.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita when the accused is not named in the FIR but is mentioned in co‑accused confessional statements.
- Whether the applicant’s clean criminal record and the bail granted to co‑accused are relevant factors for bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Cow Slaughter Act
- criminal procedure
- confessional statement
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15496 of 2026
Najakat
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sr. Advocate, Yogendra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Yogendra Yadav, learned counsel for the applicant
and Sri B.P. Maurya, 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.
160 of 2025, under Section 3/5A/8 Cow Slaughter Act, Police
Station Salempur, District Deoria, during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 12.4.2026. It is
further submitted that the applicant is not named in the FIR and his
name has surfaced in the confessional statement of arrested
accused persons, however nothing has been recovered from the
possession of the applicant. It is further submitted that six co-
accused have already been granted bail by a co-ordinate Bench of
this Court. It is also submitted that the applicant is having no
criminal history. It is also submitted that the 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.
BAIL No. 15496 of 2026
2
4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
5. As per the allegations in the FIR, 30 cows are said to have been
recovered from three vehicles and six accused persons are said to
have been arrested. The applicant is not named in the FIR and his
name has surfaced in the confessional statement of arrested
accused persons, however nothing is said to have been recovered
from the possession of the applicant. Six co-accused have already
been granted bail by different co-ordinate Bench of this Court.
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- Najakat 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.
BAIL No. 15496 of 2026
3
(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 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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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