Allahabad High Court
RAJJABversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, finding a prima facie case for bail.
Summary
The applicant Rajjab was arrested in connection with a case under Sections 3 and 8 of the Prevention of Cow Slaughter Act, alleged to have occurred at Pahadi police station, Chitrakoot. He sought bail, claiming innocence, that the FIR was filed a day after the alleged offence, lacked any mention of the time of the offence, and was filed out of vengeance with no ocular evidence. The State opposed bail, but the court noted the delay in filing the FIR, absence of eyewitness accounts, and the applicant’s clean record. Without passing on the merits, the court found a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions.
Issues considered
- Whether bail should be granted in a case under Sections 3/8 of the Prevention of Cow Slaughter Act given the delay in filing the FIR and lack of ocular evidence.
Legislation cited
- Prevention of Cow Slaughter Act — s. 3, 8
Subjects
- bail
- criminal procedure
- Prevention of Cow Slaughter Act
- FIR delay
- ocular evidence
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32343 of 2026
Rajjab
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saif Ali
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.20 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Saif Ali, 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.152 of 2026, under Sections 3/8
Prevention of Cow Slaughter Act, Police Station Pahadi, District Chitrakoot,
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
FIR is delayed by about one day and there is no explanation of the said delay
caused. There is no mentioning of time of offence in the FIR. The FIR has
been instituted out of vengeance. There is no ocular account of the incident
either. The applicant has no criminal history and is in jail since 23.7.2026.
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
consideration the delay of one day in institution of FIR coupled with the fact
BAIL No. 32343 of 2026
2
that there is no ocular account of the incident, 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- Rajjab, 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 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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