Allahabad High Court
NADEEMversusSTATE OF U.P.
- Decided
Holding
The court held that bail should be granted to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Nadeem, who was arrested in a case under the Cow Slaughter Act (Sections 3, 5, 8) and BNS (Section 3(5)). The applicant claimed innocence, stating that his name appeared only in a co‑accused’s confessional statement and no material was recovered from him, while acknowledging a criminal history. The State opposed bail, but the court noted that the co‑accused had already been granted bail and that there was no direct evidence against the applicant. After weighing the facts and the lack of material evidence, the judge found the case suitable for bail without commenting on the merits. Consequently, bail was granted on a personal bond of Rs. 50,000 with two sureties and several conditions, with a warning that breach would lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Cow Slaughter Act and BNS.
- Whether the applicant's criminal history and mention in a co‑accused’s confessional statement preclude bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) — s. 351
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Cow Slaughter Act
- confessional statement
- criminal history
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16743 of 2026
Nadeem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Mohammad Abbas Husain
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashutosh Kumar Srivastava, holding brief of Mr. Syed
Mohammad Abbas Husain, learned counsel for the applicant and
Sri Manoj Gautam, 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.
0124 of 2026, under Section 3, 5 and 8 Cow Slaughter Act and
Section 3(5) of BNS, Police Station Lohiyananagar, District Meerut
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 24.4.2026. It is
further submitted that co-accused Abid has already been granted
bail by this Court vide order dated 5.5.2026 passed in Criminal
Misc. Bail Application No. 14103 of 2026. It is further submitted
that name of the applicant has surfaced in the confessional
statement arrested co-accused Abid and nothing has been
recovered from the possession of the applicant and as per FIR
some mortal remains of two slaughtered bulls are said to have
been recovered from the possession of co-accused persons. It is
also submitted that the applicant is having criminal history, which
BAIL No. 16743 of 2026
2
has been duly explained in the memo of application. 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.
4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
5. Co-accused Abid has already been granted bail by this Court
and name of the applicant has surfaced in the confessional
statement arrested co-accused, however, nothing is said to have
been recovered from the possession of the applicant and as per
FIR some mortal remains of two slaughtered bulls are said to have
been recovered from the possession of co-accused persons. The
applicant is having criminal history, 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- Nadeem 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
BAIL No. 16743 of 2026
3
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.
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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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