Allahabad High Court
AADILversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, subject to bond, sureties and standard conditions.
Summary
The applicant, Aadil, sought bail in a criminal case (Crime No. 68 of 2026) involving alleged violations of Sections 3, 5 and 8 of the Cow Slaughter Act and Sections 3 and 25 of the Arms Act. The court noted that the applicant was not named in the FIR and his alleged involvement was based primarily on information from a squealer, which the applicant claimed was false. Considering the nature of the offences, the severity of the prescribed punishment, the applicant's criminal history and the period of incarceration already served, the court examined whether bail could be justified. The court found that, on a prima facie basis, the circumstances warranted the release of the applicant on bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear as required. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted during the pendency of trial for offences under the Cow Slaughter Act and Arms Act given the applicant's alleged involvement based on a squealer's information.
- Whether the applicant's non‑inclusion in the FIR and claim of fake information affect the bail decision.
- Whether the nature and severity of the offences preclude the grant of bail.
Legislation cited
- Arms Act — s. 25, 3
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Cow Slaughter Act
- Arms Act
- trial pendency
- sureties
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34074 of 2026
Aadil
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Umesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 07 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Umesh Kumar, learned counsel for the applicant and Sri Rajendra Prasad
Singh, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 68 of 2026, under Sections 3/5/8 of Cow
Slaughter Act and Sections 3/25 of Arms Act, Police Station - Awagarh, District -
Etah, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, nature of offence, severity of punishment and also considering
the fact that the applicant is not named in the FIR, his implication rests primarily on
the basis of fake information received from a squealer, alongside the criminal history
has been explained and the period of incarceration already undergone, this Court
prima facie finds it a fit case to release the applicant on bail.
5. Accordingly, the bail application is allowed. Let the applicant- Aadil, 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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