Allahabad High Court
KHALIL @ FARIDIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted as the applicant made out a case for bail and the co‑accused's confessional statement has no evidentiary value.
Summary
The applicant, Khalil @ Faridi, sought bail in a criminal case (Crime No. 444 of 2026) under Sections 3, 5 and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. The co‑accused, Anees Ahmed, had made a confessional statement implicating the applicant, but the court held that such a statement has no evidentiary value. After considering the facts, the criminal history, and the arguments of counsel, the court found that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The court warned that breach of conditions would lead to cancellation of bail, and the observations would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial under Sections 3, 5 and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955.
- Whether the confessional statement of a co‑accused can be used as evidence against the applicant.
Legislation cited
- Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- prevention of cow slaughter
- confessional statement
- evidentiary value
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28724 of 2026
Khalil @ Faridi
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abhishek Kumar Shukla, Mohd Yasir,
Ramesh Prasad, Shams Uz Zaman
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.127 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on record.
2. Heard Sri Mohd. Yasir, learned counsel for the applicant, Ms. Ifrah Islam, learned
State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.444 of 2026, under Sections 3, 5 and 8 of
the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Kairana,
District Shamli, during the pendency of trial.
4. The criminal history assigned to the applicant stands explained.
5. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration the
fact that the name of the applicant has come up in the confessional statement of the
co-accused Anees Ahmed, which has no evidentiary value in the eyes of law, 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.
6. Let the applicant- Khalil @ Faridi, be released on bail in the aforementioned case
crime 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
tamper with evidence or intimidate witnesses and shall appear before the trial court as
required.
7. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 21, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
Checking your session…