Allahabad High Court
AJMERIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Ajmeri, was charged in Crime No.80 of 2026 under Sections 3, 5 and 8 of the Cow Slaughter Act and Sections 4 and 25 of the Arms Act. He applied for bail during the pendency of trial. The Court noted that a co‑accused, Hafiz, had already been released on bail in a similar case, and, without delving into the merits, found that the applicant had made out a prima facie case for bail on the ground of parity. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the Cow Slaughter Act and Arms Act during trial
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail
Legislation cited
- Arms Act — s. 25, 4
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- parity
- Cow Slaughter Act
- Arms Act
- criminal procedure
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31706 of 2026
Ajmeri
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sharad Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.32 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant, Sri Ram
Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.80 of 2026, under Section 3/5/8 of Cow
Slaughter Act and 4/25 of Arms Act, Police Station Jahanabad, District Fatehpur,
during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Hafiz @ Hafeez has already been enlarged on bail
by this Court vide order dated 13.08.2026 passed in Criminal Misc. Bail Application
No.24041 of 2026, 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 on the ground of parity.
5. Let the applicant- Ajmeri, 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.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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