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Allahabad High Court

UJAIFAversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail in the pending case.

Summary

The applicant, Ujaifa, sought bail in a case under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act, 1955, filed at Police Station Sardhana, Meerut. The court noted that the applicant was not named in the FIR and was only identified later by the informant in a statement recorded four days after the incident. After considering the facts, the submissions of counsel, and the material on record, the court found a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond and two sureties, with conditions that the applicant not tamper with evidence, intimidate witnesses, and appear as required. The court warned that breach of any condition would lead to cancellation of bail, and the order does 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, 1955, given that he was not named in the FIR and was later implicated.
  • Whether the conditions imposed on bail are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • U.P. Prevention of Cow Slaughter Act
  • sureties
  • evidence tampering
  • witness intimidation

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 31120 of 2026

                                    Ujaifa
                                                                                                           .....Applicant(s)
                                                                               Versus
                                    State of U.P.
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)               :     Anand Ji Mishra, Kaushal Kumar Pandey
                                    Counsel for Opposite Party(s)          :     G.A.

                                    Court No. - 68
                                    (Sr. No.51 out of 76)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Anand Ji Mishra, learned counsel for the applicant, Sri Rajendra Prasad
                                    Singh, learned State Law Officer for the State and perused the material placed on
                                    record.

                                    3. Applicant seeks bail in Case Crime No.529 of 2026, under Section 3/5/8 U.P.
                                    Prevention of Cow Slaughter Act, 1955, Police Station Sardhana, District Meerut,
                                    during the pendency of trial.

                                    4. The criminal history of two cases 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 applicant is not named in the FIR and that the same informant has
                                    nominated him subsequently in his statement recorded four days after the incident, 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- Ujaifa, 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 11, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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