Allahabad High Court
NASEEM KHANversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail and allowed the bail application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Naseem Khan, who was implicated in Crime No.50 of 2021 under the U.P. Prevention of Cow Slaughter Act (sections 3, 5A, 5B, 8) and the Prevention of Cruelty to Animal Act (section 11). The applicant argued that he was not named in the FIR, that his name surfaced only during investigation, and that he was falsely implicated for ulterior motives, citing a single prior criminal case and a prolonged pre‑trial detention since 31 March 2026. The State opposed bail, but the Court, after reviewing the record, found the circumstances suitable for bail without expressing any view on the merits. The Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to standard conditions including non‑interference with witnesses and attendance at trial dates. The order expressly limited its effect to the bail application and did not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given that he was not named in the FIR and claims false implication.
- Whether the nature of the offences under the U.P. Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animal Act warrants denial of bail.
- Whether the applicant’s prior criminal history and the pendency of the trial affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Prevention of Cruelty to Animal Act — s. 11
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- bail
- criminal procedure
- false implication
- cow slaughter act
- animal cruelty
- Section 483
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15934 of 2026
Naseem Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Waseem
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mohammad Waseem, learned counsel for the applicant, and
Shri 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.50 of 2021, under
Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and Section
11 of Prevention of Cruelty to Animal Act, registered at Police Station
Chandauli, District Chandauli, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the applicant is not named in
the first information report and his name has surfaced during
investigation. It is further submitted that as per first information report, 24
alive cows are said to have been recovered from a container and two co-
accused, namely, Parvej and Meharban are said to have been arrested
from the said container. It is further submitted that the applicant is
languishing in jail since 31.03.2026 and the applicant is having criminal
history of one case, which has been duly explained in the memo of
application, 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. 15934 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Applicant is not named in the first information report and his name has
surfaced during investigation. As per first information report, 24 alive
cows are said to have been recovered from a container and two co-
accused, namely, Parvej and Meharban are said to have been arrested
from the said container. It is further submitted that the applicant is
languishing in jail since 31.03.2026 and the applicant is having criminal
history of one case, which has been duly explained in the memo of
application.
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- Naseem Khan involved in the aforesaid case crime
shall 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 :-
(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
BAIL No. 15934 of 2026
3
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 18, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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