Allahabad High Court
WASEEMA @ NASEEMAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that she had established a prima facie case for release.
Summary
The applicant, Waseema, was arrested in connection with a case under the Prevention of Cow Slaughter Act (sections 3, 5, 8) and the Arms Act (sections 4, 25) for allegedly possessing 75 kg of beef and firearms. She contended that she was falsely implicated, is a homemaker with no prior criminal record, and that no forensic report confirmed the beef was from a cow. Having been in custody since July 29, 2026, she applied for bail, asserting she would cooperate with the trial and not misuse liberty. The court, after hearing counsel for both sides and reviewing the record, found that the applicant had made out a prima facie case for bail and that there was no material suggesting she would tamper with evidence or flee. Accordingly, the court granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged cow slaughter and arms offences.
- Whether the applicant has established a prima facie case for bail despite the seriousness of the charges.
- Whether there is a risk of the applicant tampering with evidence or fleeing if released on bail.
Legislation cited
- Arms Act — s. 25, 4
- Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- Prevention of Cow Slaughter Act
- Arms Act
- false implication
- criminal procedure
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31938 of 2026
Waseema @ Naseema
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.37 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ram Raj Pandey, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No.241 of 2026, under Sections 3/5/8
of Prevention of Cow Slaughter Act and Section 4/25 Arms Act, Police
Station Doghat, District Baghpat, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been
falsely implicated in the present case. She has nothing to do with the said
offence. She is a homemaker, and the other co-accused persons are stated to
have run away from the place of occurrence, whereas the recovery of 75 kg
of beef has been foisted upon her. There is no FSL report to indicate that the
said beef was of cow progeny. There is no criminal history of the applicant.
The applicant is languishing in jail since 29.07.2026 and is ready to
cooperate with the trial. In case the applicant is released on bail, she will not
misuse the liberty of bail.
5. The bail application has been opposed 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, and without
expressing any opinion on the merits of the case, prima facie, the Court is of
BAIL No. 31938 of 2026
2
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Waseema @ Naseema, 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 she 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 17, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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