Allahabad High Court
NASEEMversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed by Naseem, who was charged under Sections 3 and 25 of the Arms Act, 1959 and Sections 3, 5 and 8 of the Prevention of Cow Slaughter Act, 1955. The applicant was not named in the FIR; his name appeared only in a confessional statement of a co‑accused, which the court held has no evidentiary value. Apart from a single case instituted against him after the FIR, he had no prior criminal record. After evaluating the facts, the evidence and the submissions of counsel, the court found 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, without affecting the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite not being named in the FIR and only being mentioned in a co‑accused's confessional statement.
- Whether the confessional statement of a co‑accused can be used as evidence against the applicant for bail considerations.
- Whether the applicant's limited prior criminal history warrants the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25, 3
- Prevention of Cow Slaughter Act, 1955 — s. 3, 5, 8
Subjects
- bail
- Arms Act
- Prevention of Cow Slaughter Act
- confessional statement
- evidentiary value
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31495 of 2026
Naseem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Abid Ali Naqvi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.26 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Syed Abid Ali Naqvi, 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. 191 of 2026, under Sections 3 and
25 of Arms Act, 1959 and 3/5/8 of Prevention of Cow Slaughter Act, 1955,
Police Station Sarai Akil, District Kaushambi, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant is not named in the FIR and that his
name has come up in the confessional statement of co-accused person, which
has no evidentiary value in the eyes of law; there being no previous criminal
history of the applicant except one case instituted against him subsequent to
the instant FIR and the same stands explained 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.
5. Let the applicant- Naseem, who is involved in aforementioned case crime
be released on bail on his furnishing a personal bond and two sureties each
in the like amount to the satisfaction of the court concerned subject to
BAIL No. 31495 of 2026
2
verification of sureties, with the condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation 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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