Allahabad High Court
MOHD ASLAMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail.
Summary
The applicant, Mohd Aslam, applied for bail in a case under Sections 3, 5 and 8 of the Cow Slaughter Act. The court noted that a co‑accused, Sunne @ Iliyas Khan, had already been released on bail in a similar case, and that the applicant had no prior criminal record. Relying on the principle of parity and the absence of any adverse material, the court found that the applicant had made out a case for bail. Consequently, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required. The order also stipulated that breach of any condition would be grounds for cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Sections 3, 5 and 8 of the Cow Slaughter Act pending trial, considering parity with a co‑accused and the applicant's lack of criminal history.
Legislation cited
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Cow Slaughter Act
- parity
- criminal history
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31757 of 2026
Mohd Aslam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amiruddin Siddique, Ankit Pandey,
Sachin Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.50 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Amiruddin Siddique, learned counsel for the applicant, Sri
Pankaj Srivastava, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.191 of 2026, under Sections 3/5/8
of Cow Slaughter Act, Police Station- Sarai Akil, District -Kaushambi,
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, Sunne @ Iliyas Khan has
already been enlarged on bail by this Court vide order dated 24.8.2026
passed in Criminal Misc. Bail Application No. 28500 of 2026 and 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- Mohd Aslam, 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. 31757 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 9, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
Checking your session…