Allahabad High Court
KALEEMversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail.
Summary
Kaleem was arrested in connection with a case (Crime No. 414 of 2026) under Sections 3, 5A and 8 of the Prevention of Cow Slaughter Act at Kotwali Mandi police station, Saharanpur. He applied for bail, asserting that he is innocent, that the allegations are false, and that no recovery of the alleged offence has been made from him, only from other accused. The State opposed the bail but the court noted the lack of any recovery against Kaleem and the applicant's willingness to cooperate with the trial. After reviewing the material on record, the court held that a prima‑facie case for bail existed. Consequently, the bail application was allowed, subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order does not affect the merits of the trial, and any breach of conditions will lead to cancellation of bail.
Issues considered
- Whether the accused, Kaleem, is entitled to bail pending trial under the Prevention of Cow Slaughter Act despite the charges under Sections 3, 5A and 8.
Legislation cited
- Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- criminal procedure
- Prevention of Cow Slaughter Act
- prima facie
- sureties
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31899 of 2026
Kaleem
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Mishra, Sanjay Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.88 out of 318)
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 Sanjay Kumar Pandey, 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.414 of 2026, under Sections
3/5A/8 Prevention of Cow Slaughter Act, Police Station Kotwali Mandi,
District Saharanpur, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations levelled against the applicant are per se false. There is no
recovery from the applicant. The recovery, if any, has been made from other
accused persons. The criminal history assigned to the applicant has been
explained. He is in jail since 13.8.2026. He undertakes to cooperate with the
trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
BAIL No. 31899 of 2026
2
consideration the fact that there is no recovery from the applicant, 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. The bail
application is allowed.
7. Let the applicant- Kaleem, 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.
8. 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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