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Allahabad High Court

SHAHAMversusSTATE OF U.P.

Decided

Holding

The court held that bail should be granted to the applicant on the ground of parity with the co‑accused and the absence of any criminal history.

Summary

Shaham was charged under Sections 3, 5 and 8 of the Cow Slaughter Act and Section 9(51) of the Wildlife Protection Act in Crime No. 95 of 2026. He applied for bail during the pendency of trial. The court examined the facts, the submissions of counsel, and noted that a co‑accused, Abdul Gaffar, had already been granted bail in a similar case. Considering Shaham's clean criminal record and the principle of parity with the co‑accused, the court found a case for bail. Bail was ordered on the condition of a personal bond, two sureties, and compliance with standard conditions such as not tampering with evidence or intimidating witnesses. The order does not affect the trial on merits.

Issues considered

  • Whether the applicant is entitled to bail under the Cow Slaughter Act and the Wildlife Protection Act during the pendency of trial
  • Whether parity with a co‑accused who was previously granted bail justifies granting bail to the applicant

Legislation cited

Subjects

  • bail
  • Cow Slaughter Act
  • Wildlife Protection Act
  • parity
  • criminal procedure
  • sureties

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. BAIL APPLICATION No. - 31943 of 2026

                                    Shaham
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                     :   Syed Mohammed Jafer Husain
                                    Counsel for Opposite Party(s)                :   G.A.

                                    Court No. - 68
                                    (Sr. No.102 out of 318)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Syed Mohammad Jafer Husain, learned counsel for the applicant, Sri
                                    Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on
                                    record.

                                    3. Applicant seeks bail in Case Crime No.95 of 2026, under Sections 3/5/8 Cow
                                    Slaughter Act and 9(51) of Wild Life Protection Act, Police Station Malwan, District
                                    Fatehpur, during the pendency of trial.

                                    4. Considering the facts and circumstances of the case, the submissions made by
                                    learned counsels for the parties, and taking into consideration that similarly placed co-
                                    accused, Abdul Gaffar, has already been granted bail by this Court vide order dated
                                    16.7.2026 in Criminal Misc. Bail Application No. 24240 of 2026, coupled with the
                                    fact that applicant has no criminal history, the Court is of the view that the applicant
                                    has made out a case for bail. The bail application is allowed on the ground of parity.

                                    5. Let the applicant- Shaham, 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
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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