Allahabad High Court
SAHIL SHILPKAARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
The applicant, Sahil Shilpkaar, was implicated in a criminal case (Crime No. 352 of 2026) under Sections 3(5) BNS and Sections 3, 5A, 8 of the Prevention of Cow Slaughter Act, Prayagraj. He applied for bail during the pendency of trial. The court noted that the sole basis of his implication was a confessional statement of a co‑accused, which lacks evidentiary value, and that his alleged criminal history was satisfactorily explained. Considering these facts, the court found a prima facie case for bail. Accordingly, bail was granted 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 bail should be granted to the accused when the only evidence against him is a confessional statement of a co‑accused and his criminal history is explained.
Legislation cited
- Prevention of Cow Slaughter Act — s. 3, 3(5) BNS, 5A, 8
Subjects
- bail
- criminal procedure
- confessional statement
- Prevention of Cow Slaughter Act
- evidentiary value
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32367 of 2026
Sahil Shilpkaar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Satish Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.25 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satish Sharma, learned counsel for the applicant, Sri Anit Kumar Shukla,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.352 of 2026, under Sections 3(5) BNS and
Section 3/5A/8 Prevention of Cow Slaughter Act, Police Station Naini, District
Prayagraj, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, particularly the fact that applicant has been implicated
in the case merely on the basis of confessional statement of co-accused person, which
has no evidentiary value in the eyes of law, coupled with the fact that criminal history
assigned to the applicant stands explained, and without expressing any opinion on the
merits of the case, the Court is, prima facie, of the view that the applicant has made
out a case for bail. Accordingly, the bail application is allowed.
5. Let the applicant- Sahil Shilpkaar, 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 11, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…