Allahabad High Court
AMAN KHANversusSTATE OF U.P.
- Decided
Holding
The court held that the bail application is a fit case for bail and allowed it.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Aman Khan, who is charged in Crime No. 88 of 2025 under Sections 3, 8, 5 of the Cow Slaughter Act and Sections 4, 25 of the Arms Act. The applicant claimed innocence, arguing that his name appeared only in the confessional statements of co‑accused who had already been granted bail. The State opposed the bail, but the court, after reviewing the record and noting the heavy pendency of cases, found the matter suitable for bail without expressing any view on the merits. Consequently, the court allowed the bail application, directing the applicant to furnish a personal bond of Rs. 50,000 with two sureties and to comply with several conditions, including non‑interference with witnesses and presence at trial dates. The order expressly limited its scope to the bail question and did not prejudice the trial court’s independent assessment of the evidence.
Issues considered
- Whether bail should be granted to Aman Khan under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences under the Cow Slaughter Act and the Arms Act.
- Whether the presence of the applicant's name in co‑accused confessional statements warrants denial of bail.
Legislation cited
- Arms Act — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Section 483 B.N.S.S.
- Cow Slaughter Act
- Arms Act
- confessional statement
- co‑accused
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16745 of 2026
Aman Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dev Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Dev Prakash Singh, learned counsel for the applicant
and Sri Ashish Kumar Tripathi, 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. 88
of 2025, under Section 3/8/5 Cow Slaughter Act and Section 4/25
Arms Act, Police Station Rajapur, District Chitrakoot, 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 30.6.2025. It is
further submitted that name of the applicant has surfaced in the
confessional statement of arrested co-accused Shubham Sonkar
who has already been granted bail by a co-ordinate Bench of this
Court vide order dated 29.7.2025 passed in Criminal Misc. Bail
Application No. 25908 of 2025. It is further submitted that another
co-accused Lucky@Muhammad Shahnabaj Shah has also been
granted bail by this Court and from whose confessional statement
name of co-accused Shubham Sonkar has surfaced. 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
BAIL No. 16745 of 2026
2
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 Shubham Sonkar from whose possession 31kg cow
meat is said to have been recovered has already been granted bail
by a co-ordinate Bench of this court and name of the applicant has
surfaced in his confessional statement. Another co-accused
Lucky@Muhammad Shahnabaj Shah has also been granted bail
by 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- Aman Khan 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
BAIL No. 16745 of 2026
3
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
Checking your session…