Allahabad High Court
MOHD SHAMIMversusSTATE 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, for Mohd Shamim, who was arrested in connection with offences under Sections 109(1) and 61(2) of the same Act, the Arms Act and the Cow Slaughter Act. The applicant claimed innocence, argued that co‑accused had already been granted bail and that his name appeared only in their confessional statements, and highlighted his long pre‑trial detention. The State opposed bail, citing the seriousness of the offences and the applicant’s criminal history. The Court, after reviewing the record and noting that bail had been granted to the co‑accused, found the case suitable for bail without expressing any view on the merits. Accordingly, the Court ordered the applicant’s release on bail upon furnishing a personal bond of Rs 50,000 with two sureties and imposed standard conditions to prevent tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the applicant’s criminal history.
- Whether the presence of the applicant’s name in the confessional statements of co‑accused warrants denial of bail.
- Whether the prior grant of bail to co‑accused influences the decision on the applicant’s bail.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 483, 61(2)
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- Cow Slaughter Act
- criminal procedure
- confessional statement
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16750 of 2026
Mohd Shamim
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Ali Imam
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Syed Ali Imam, learned counsel for the applicant and
Sri B.P. Singh, 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. 8
of 2026, under Sections 109(1), 61(2) BNS, Section 3/25 Arms Act
and Sections 3/5/8 Cow Slaughter Act, Police Station Dudhara,
District Sant Kabir Nagar, 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 23.1.2026. It is
further submitted that co-accused Alaooddin@Koeel from whose
possession 100kg cow meat and some slaughtering instruments
and some country-made pistol and live cartridges are said to have
recovered, has already been granted bail by a co-ordinate Bench
of this Court vide order dated 17.4.2026 passed in Criminal Misc.
Bail Application No. 11935 of 2026 and another co-accused Abdul
Kalam has also been granted bail by the same co-ordinate Bench
of this Court vide order dated 17.4.2026 passed in Criminal Misc.
Bail Application No. 11903 of 2026. It is submitted that the name of
the applicant has surfaced in confessional statement of arrested
BAIL No. 16750 of 2026
2
co-accused Alaooddin@Koeel and Iklakh. It is also submitted that
the applicant is having criminal history, which 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 Alaooddin@Koeel and co-accused Abdul Kalam
have already been granted bail by co-ordinate Bench of this Court
and the name of the applicant has surfaced in confessional
statement of arrested co-accused Alaooddin@Koeel and Iklakh. As
per FIR, 100kg cow meat and some slaughtering instruments and
some country-made pistol and live cartridges are said to have
recovered from the possession of co-accused Alaooddin@Koeel.
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- Mohd Shamim 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
BAIL No. 16750 of 2026
3
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 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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