Allahabad High Court
UPENDAR SHAHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to Upendar Shah on a personal bond and two sureties, subject to standard conditions.
Summary
The High Court of Allahabad considered the bail application of Upendar Shah, who was charged in Crime No. 305 of 2025 under Sections 3, 5A, 5B and 8 of the U.P. Prevention of Cow Slaughter Act, Section 11 of the Prevention of Cruelty to Animals Act and a provision of the B.N.S. The applicant, represented by counsel Mohammad Waseem, argued that he had no prior criminal record and that a co‑accused, Arbind Tiwari, had already been released on bail in a similar case. The court examined the facts, the evidence on record and the principle of parity with the co‑accused. Finding that the applicant made out a prima facie case for bail and had no antecedents, the court granted bail on the condition of a personal bond and two sureties, with directions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the U.P. Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animals Act during the pendency of trial.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
- Prevention of Cruelty to Animals Act — s. 11
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- bail
- criminal procedure
- cow slaughter
- animal cruelty
- parity principle
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28189 of 2026
Upendar Shah
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Waseem
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.163 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohammad Waseem, learned counsel for the applicant, Sri
D.K. Singh, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.305 of 2025, under Sections
3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and 11 of Prevention of
Cruelty to Animal Act and 109 B.N.S., Police Station Syed Raza, District
Chandauli, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking into
consideration that case of the applicant is at a better footing to that of co-
accused person Arbind Tiwari, who has already been enlarged on bail by this
Court vide order dated 1.12.2025 passed in Criminal Misc. Bail Application
No.40456 of 2025, and that applicant has no criminal antecedents to his
credit and without expressing any opinion on the merits of the case, prima
facie the Court is of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed on the ground of parity.
5. Let the applicant- Upendar Shah, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
BAIL No. 28189 of 2026
2
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
6. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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