Allahabad High Court
CHHOTE AND ANOTHERversusSTATE 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 Chhote and Farokh, who were accused in Crime No. 192 of 2019 for offences under Sections 429 and 269 of the same Act, as well as Sections 3, 5, 8 of the Cow Slaughter Act and Section 11 of the Prevention of Animals Cruelty Act, 1960. The applicants claimed innocence, argued that co‑accused Amir and Bobby had already been granted bail, and contended that their role was not distinguishable from those co‑accused. The State opposed the bail, emphasizing the seriousness of the charges and the applicants' criminal history (four prior cases for one applicant). The Court examined the totality of facts, the nature of the evidence, and the heavy pendency of cases, and, without expressing an opinion on the merits, found the case suitable for bail. Accordingly, the Court ordered the release of the applicants on personal bond with two sureties, subject to strict 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 determination of guilt.
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 applicants' criminal history.
- Whether the role of the applicants is distinguishable from that of co‑accused who have already been granted bail.
- Whether the conditions imposed are sufficient to safeguard the trial process and prevent interference with evidence or witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 269, 429, 483
- Cow Slaughter Act — s. 3, 5, 8
- Prevention of Animals Cruelty Act, 1960 — s. 11
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Cow Slaughter Act
- Prevention of Animals Cruelty Act
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16768 of 2026
Chhote And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vishvajit Tiwari, Yogesh Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Yogesh Mishra, learned counsel for the applicants and
Sri B.P. Singh, learned AGA for the State-respondents asnd
perused the record.
2. The present bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed on behalf of
applicants with a prayer to release them on bail in Case Crime No.
192 of 2019, under Sections 429, 269 BNS and Sections 3/5/8 of
Cow Slaughter Act and Section 11 of Prevention of Animals
Cruelty Act, 1960, Police Station Gunjdundwara, District Kasganj,
during pendency of the trial.
3. It has been argued by the learned counsel for the applicants that
applicants are innocent and they have been falsely implicated in
this case and they have been languishing in jail since 19.4.2026. It
is further submitted that co-accused Amir and Bobby have already
been granted bail by different co-ordinate Benches of this Court
and the role of the applicant is not distinguishable from the role of
the applicant. It is further submitted that as per FIR 268kg of
buffalo meat is said to have been recovered from the possession of
the applicant and co-accused. It is also submitted that the applicant
no. 1 is having criminal history of four cases, which has been duly
explained in the memo of application whereas the applicant no. 2 is
having no criminal history. It is also submitted that the applicants
BAIL No. 16768 of 2026
2
undertake that they 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 applicants.
5. Co-accused Amir and Bobby have already been granted bail by
different co-ordinate Benches of this Court and the role of the
applicant is not distinguishable from the role of the applicant. As
per FIR 268kg of buffalo meat is said to have been recovered from
the possession of the applicant and co-accused. The applicant no.
1 is having criminal history of four cases, which has been duly
explained in the memo of application whereas the applicant no. 2 is
having no criminal history.
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 applicants- Chhote and Farokh involved in the aforesaid
case crime be released on bail on their 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 applicants 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 them from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(ii) The applicants shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicants 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.
BAIL No. 16768 of 2026
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(iv) The applicants shall file an undertaking to the effect that they
shall not seek any uncessary adjournment on the dates fixed for
evidence when the witnesses are present in the trial court.
(v) The applicants shall remain present before the trial court on
each date fixed, either personally or through their 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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