Allahabad High Court
ASHFAQ@ ASHWAAQversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Ashfaq@ Ashwaaq, sought bail in a criminal case (Crime No. 444 of 2026) under Section 61(2) of the B.N.S. and Sections 3, 5 and 8 of the Cow Slaughter Act. He argued that he was not named in the FIR and that his alleged involvement stemmed only from a confessional statement of co-accused Khalil Faridi, which he claimed lacks evidentiary value. The State opposed the bail, but the court found the applicant’s contentions credible and, without delving into the merits of the case, concluded that prima facie he was entitled to bail. The court ordered his release on bail upon furnishing a personal bond and two sureties, subject to standard conditions. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted when the applicant is not named in the FIR but is mentioned in a co-accused's confessional statement.
- Whether a confessional statement of a co-accused has evidentiary value for granting bail.
- Whether the provisions of Section 61(2) B.N.S. and Sections 3, 5, 8 of the Cow Slaughter Act permit bail in the circumstances.
Legislation cited
- B.N.S. — s. 61(2)
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- confessional statement
- co-accused
- Cow Slaughter Act
- Section 61(2) B.N.S.
- evidentiary value
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32903 of 2026
Ashfaq@ Ashwaaq
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rishika Raj Singhal, Shivendra Raj
Singhal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.13 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shivendra Raj Singhal, learned counsel for the applicant, Sri
V.K.S. Parmar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.444 of 2026, under Section 61(2)
B.N.S. and Section 3/5/8 Cow Slaughter Act, Police Station Kairana, District
Shamli, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is not
named in the FIR. His name has come up in the confessional statement of
the co-accused Khalil Faridi, which has no evidentiary value in the eyes of
law. The applicant has simply been made an accused by the police to show
good work. The criminal history assigned to the applicant stands explained.
He is in jail since 24.06.2026 and 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. 32903 of 2026
2
consideration the fact that the name of the applicant has come up in the
confessional statement of the co-accused, 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- Ashfaq@ Ashwaaq, 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 16, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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