Allahabad High Court
KALA @ UMARDARAJversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The accused is entitled to bail and the bail application is allowed.
Summary
The accused Kala @ Umardaraj applied for enlargement of bail in a case under Sections 109(1), 3(5) of the BNS and Sections 3, 5, 8 of the Cow Slaughter Act arising from an incident at Doghat, Baghpat. The applicant claimed he was falsely implicated, noting that no weapon was recovered, his name was derived only from a co‑accused’s statement, and the principal co‑accused Rizwan had already been granted bail. Despite a criminal history of 14 cases, all of which were on bail, the court examined the submissions and the record. Finding the lack of incriminating material and the reliance on a co‑accused’s statement, the court held the applicant entitled to bail without addressing the merits of the case. Accordingly, bail was granted on personal bond and two sureties, following Supreme Court precedents on bail policy.
Issues considered
- Whether the accused, despite a prior criminal history, is entitled to bail in the present case.
- Whether the absence of recovered incriminating weapon and reliance on a co‑accused’s statement justify granting bail.
- Whether the bail application can be allowed without touching the merits of the underlying offence.
Legislation cited
- BNS — s. 109(1), 3(5)
- Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- false implication
- Cow Slaughter Act
- criminal procedure
- personal bond
- sureties
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34865 of 2026
Kala @ Umardaraj
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Faisal Hasan Abidi, Mehdi Abbas
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Mehdi Abbas, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Kala @ Umardaraj to enlarge him on bail in Case Crime No. 224 of
2025, under Sections 109(1), 3(5) BNS and Section 3/5/8 Cow Slaughter
Act, P.S.- Doghat, District- Baghpat, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 17.09.2025 lodged by
the police against six named and 2-3 anonymous persons with the
allegation that co-accused Rizwan was arrested by the police, who was
indulged in firing at the police person along with other co-accused and
dead cattle was also recovered. It is the contention of learned counsel that
accused applicant was shown sprinted away from the place of incident.
The co-accused Rizwan has also suffered gunshot injury at the hand of
police. There is no recovery of any incriminating weapon against the
accused applicant. The arrest and recovery have been made in the
absence of any independent witness. Further submits that co-accused
Rizwan, who has main role and was arrested on the spot, has already been
granted bail by co-ordinate Bench of this Court. The accused applicant
has criminal history of 14 cases wherein all cases, he is on bail. Charge
sheet is submitted. The accused applicant is languishing in jail since
07.06.2026. He seeks enlargement of accused on bail.
BAIL No. 34865 of 2026
2
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the name of accused applicant is figured out from the
statement of co-accused and there is no recovery, the accused/applicant is
entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 30, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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