Allahabad High Court
FIZA AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court granted bail to the accused, subject to bond, sureties and specified conditions.
Summary
The High Court considered a bail application filed by Fiza and Muskan, accused under Sections 303(2) and 317(2) of the BNS Act and Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act. The applicants contended that they were falsely implicated, that no incriminating material was recovered, and that the FIR named unknown persons with their names surfacing only through co‑accused statements. The State opposed bail but could not dispute the absence of recovered evidence. The Court, after weighing the seriousness of the offences, the lack of material evidence, the applicants' clean record and the minimal risk of witness tampering, granted bail subject to personal bond, sureties and conditions. The order directed the accused to appear regularly, not tamper with evidence, not commit further offences, and not intimidate witnesses, with bail cancellable on breach.
Issues considered
- Whether bail should be granted to the accused under the specified sections of the BNS Act and the U.P. Prevention of Cow Slaughter Act given the facts.
- Whether the absence of incriminating material and lack of independent witnesses creates a sufficient ground to deny bail.
- Whether there is a reasonable apprehension of evidence tampering or witness intimidation that warrants denial of bail.
Legislation cited
- BNS Act — s. 303(2), 317(2)
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- cow slaughter legislation
- false implication
- evidence tampering
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24851 of 2025
Fiza And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjum Parveen, Siddarth Jaiswal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Heard learned counsel for the applicants, Sri Arimardan Yadav, learned
AGA for the State-Respondent and perused the record.
2. This bail application has been moved on behalf of accused-applicants,
seeking enlargement on bail in Case Crime No. 268 of 2025, under Sections
303(2), 317(2) of BNS and Sections 3/5/8 of the U.P. Prevention of Cow
Slaughter Act, Police Station Chakeri, District Kanpur Nagar.
3. Learned counsel for the applicants argued that the accused-applicants are
innocent and they have been falsely implicated in this case crime number.
He submits that the F.I.R. has been lodged against one unknown persons and
the name of the applicants came into light during the course of investigation
in the statement of co-accused. He submits that the allegation of slaughtering
of animals by the applicants is false. He submits that there is no recovery of
incriminating article from the possession of the present applicants and the
alleged recovery is planted by the Police. He submits that in the present case
charge sheet has already been filed and the applicants are no more required
for any further custodial interrogation. He submits that there is no
independent or public witness of the alleged incident. He submits that the
applicants are languishing in jail since 26.04.2025 and there is no likelihood
of his fleeing from course of justice or tampering with evidence in case of
release on bail. He submits that the applicants have no criminal history to her
credit Hence, bail has been prayed for.
4. Learned AGA has vehemently opposed, but could not dispute the fact that
BAIL No. 24851 of 2025
2
nothing incriminating has been recovered from the possession of the
applicants.
5. Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima-
facie case, but without commenting on merit of case, a case for bail is made
out.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicants, Fiza and Muskan, involved in above
mentioned case crime number be released on bail, on her executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
i. The applicants will not tamper with the evidence.
ii. The applicants will not indulge in any criminal activity.
iii. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicants will appear regularly on each and every date fixed by the
trial court, unless her personal appearance is exempted through counsel by
the court concerned.
8. In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel her bail.
January 19, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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