Allahabad High Court
AFSAR AHMADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a co‑accused and lack of criminal history.
Summary
Afsar Ahmad applied for bail in a criminal case (Crime No. 19 of 2026) under Sections 3, 5A, 5B and 8 of the Prevention of Cow Slaughter Act. The High Court noted that a co‑accused, Anil Yadav, had already been released on bail in a similar proceeding (Criminal Misc. Bail Application No. 9125 of 2026). The court observed that the applicant had no prior criminal record and, on a prima facie basis, satisfied the requirements for bail. Relying on the principle of parity with the co‑accused, the court decided to grant bail without delving into the merits of the underlying offence. The bail was conditioned on a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the Prevention of Cow Slaughter Act.
Legislation cited
- Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- bail
- criminal procedure
- Prevention of Cow Slaughter Act
- parity
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30316 of 2026
Afsar Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 50 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dinesh Kumar Singh, learned counsel for the applicant, Sri
R.P. Singh, learned State Law Officer and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.19 of 2026, under Section
3/5A/5B/8 Prevention of Cow Slaughter Act, Police Station- Saidraza,
District -Chandauli, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Anil Yadav, has already
been enlarged on bail by this Court vide order dated 18.3.2026 passed in
Criminal Misc. Bail Application No. 9125 of 2026 and the fact that there is
no criminal history assigned to the applicant, 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- Afsar Ahmad, be released on bail in the
aforementioned case crime on his furnishing a personal bond and two
sureties each in the like amount 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
BAIL No. 30316 of 2026
2
trial court as required.
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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