Allahabad High Court
DANISHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Danish, was charged in Crime No.541 of 2026 under Section 109(1) of the BNS, Sections 3, 5Ka and 8 of the Cow Slaughter Act, Section 11 of the Animals Cruelty Act and Sections 3, 25 and 27 of the Arms Act. He applied for bail while the trial was pending. The court examined the material on record, heard counsel for both sides and noted that a co‑accused, Faeem, had already been granted bail in a similar case (Criminal Misc. Bail Application No.31271 of 2026). Considering the parity with the co‑accused and the applicant’s explained criminal history, the court found that the applicant had made out a case for bail. Accordingly, bail was granted on the condition of a personal bond, two sureties, and undertakings not to tamper with evidence, intimidate witnesses or fail to appear. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant under the multiple charges, taking into account parity with a co‑accused and the applicant’s criminal history.
Legislation cited
- Animals Cruelty Act — s. 11
- Arms Act — s. 25, 27, 3
- BNS — s. 109(1)
- Cow Slaughter Act — s. 3, 5Ka, 8
Subjects
- bail
- parity
- criminal procedure
- cow slaughter act
- arms act
- animal cruelty
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31453 of 2026
Danish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Alankrita Dubey, Rakesh Pati Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.13 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for
the applicant is taken on record.
2. Heard Sri Rakesh Pati Tiwari, 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.541 of 2026, under Sections
109(1) BNS, Section 3/5Ka/8 Cow Slaughter Act, Section 11 of Animals
Cruelty Act and Section 3/25/27 Arms Act, Police Station Bhojipura,
District Bareilly, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsels for the parties, and taking into consideration that
similarly placed co-accused, Faeem, has already been granted bail by this
Court vide order dated 7.9.2026 in Criminal Misc. Bail Application
No.31271 of 2026, coupled with the fact that criminal history assigned to the
applicant stands explained, the Court is of the view that the applicant has
made out a case for bail. The bail application is allowed on the ground of
parity.
5. Let the applicant- Danish, 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
BAIL No. 31453 of 2026
2
that he shall not 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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