Allahabad High Court
SALMANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant on the ground of parity.
Summary
The applicant, Salman, was charged under Sections 3, 5A and 8 of the Cow Slaughter Act in a case registered at Airport police station, Prayagraj. He applied for bail during the pendency of trial. The court examined the facts, the evidence, and the submissions of counsel, noting that a co‑accused, Nasrat Ali, had already been released on bail in a similar case. Considering the applicant’s clean criminal history and the principle of parity with the co‑accused, 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 bail conditions such as not tampering with evidence or intimidating witnesses. The order emphasized that any breach would lead to cancellation of bail and that the trial on merits would continue unaffected.
Issues considered
- Whether bail should be granted to the accused under Sections 3, 5A and 8 of the Cow Slaughter Act pending trial, considering parity with a co‑accused who was previously released on bail.
Legislation cited
- Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- Cow Slaughter Act
- parity
- criminal procedure
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34068 of 2026
Salman
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Vinod Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 04 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Anand Kumar, Advocate holding of Sri Vinod Kumar Yadav, learned
counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and
also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 104 of 2026, under Sections 3/5A/8 of Cow
Slaughter Act, Police Station - Airport, District - Prayagraj, during the pendency of
trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration
that similarly placed co-accused person, Nasrat Ali, has already been enlarged on bail
by this Court vide order dated 1.9.2026 passed in Criminal Misc. Bail Application No.
30663 of 2026 coupled with the fact that criminal history of one case assigned to the
applicant stands explained, this Court prima facie is of the view that the applicant has
made out a case for bail.
5. Accordingly, the bail application is allowed on the ground of parity. Let the
applicant- Salman, be released on bail 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.
September 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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