Allahabad High Court
ASHIFversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Ashif, sought bail in a criminal case under Sections 3, 5A and 8 of the Prevention of Cow Slaughter Act, alleging false implication. The prosecution recovered 60 kg of beef from a co‑accused, but no forensic report established that the meat was from a cow. The applicant had no prior criminal record and had been in custody since 14‑August‑2026. The court noted the absence of forensic evidence and the applicant's clean record, finding a prima facie case for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted in a case under the Prevention of Cow Slaughter Act when there is no forensic proof that the seized meat is from a cow
- Whether the applicant's lack of criminal history and claim of false implication justify bail
Legislation cited
- Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- Prevention of Cow Slaughter Act
- forensic evidence
- false implication
- criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33002 of 2026
Ashif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhiraj Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 44 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant, Sri
A.K. Shukla, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No.414 of 2026, under Sections
3/5A/8 of Prevention of Cow Slaughter Act, Police Station Kotwali Mandi,
District Saharanpur, during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been
falsely implicated in the present case. 60 kg of beef is stated to have been
recovered from the possession of another co-accused person, who was also
travelling on the said scooty. There is no forensic report to ascertain that the
said beef belongs to cow progeny, as such, applicant is entitled for bail.
5. Learned counsel has further stated that there is no criminal history of the
applicant. The applicant is languishing in jail since 14.8.2026 and is ready to
cooperate with trial. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record and the fact that there
BAIL No. 33002 of 2026
2
is no forensic report to ascertain that the said beef belongs to cow progeny,
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.
8. Let the applicant- Ashif, be released on bail in the aforementioned case
crime on his furnishing a personal bond and two sureties each in the like
amount 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 16, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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