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Allahabad High Court

AZAM AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The court held that the accused are entitled to bail as the arrest and recovery were made in the absence of any independent witness.

Summary

The accused Azam and Smt. Amna applied for bail in a case under Sections 3, 5 and 8 of the Cow Slaughter Act, alleging false implication and that the seized 18 kg of meat was left on their doorstep by co‑accused without any independent witness. The State opposed the bail. The High Court noted that the arrest and seizure were made in the absence of any independent witness and, without addressing the merits, allowed the bail application. The court ordered release on personal bond with two sureties each, citing Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for Grant of Bail in re (2024) 10 SCC 685. The accused were directed to cooperate with the investigation for a speedy disposal of the trial.

Issues considered

  • Whether bail can be granted when the arrest and seizure were effected without any independent witness.
  • Whether the provisions of Sections 3, 5 and 8 of the Cow Slaughter Act preclude bail during the pendency of trial.

Legislation cited

Subjects

  • bail
  • cow slaughter act
  • false implication
  • independent witness
  • personal bond
  • sureties
  • high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 35081 of 2026

Azam And Another
                                                            .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                          :   Zaid Arshad
Counsel for Opposite Party(s)                     :   G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Heard Sri Zaid Arshad, learned counsel for accused applicants and
learned A.G.A. for State.

2. The present bail application has been moved by the applicants accused-
Azam and Smt. Amna to enlarge them on bail in Case Crime No. 432 of
2026, under Sections 3/5/8 Cow Slaughter Act, P.S.- Kotwali Dehat,
District- Saharanpur, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused
applicants have been falsely implicated in FIR dated 30.08.2026 lodged
by the police against four accused persons including the accused
applicants. It is further contended that police has seized 18 Kg of meat
from the door of the accused applicants. The cattle meat is left by the co-
accused on the door step from where it was recovered. Further submits
that the accused persons have no complicity in the case, it is only door
step from where incriminating material has been recovered in the absence
of any independent witness. The accused applicants have no criminal
history. Investigation is continuing and applicants are co-operating in the
investigation. The accused applicants are languishing in jail since
30.08.2026. He seeks enlargement of accused on bail.

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.
                                                                                          BAIL No. 35081 of 2026
                                                                   2


                                    6. Considering the arrest and recovery have been made in the absence of
                                    any independent witness, the accused/applicants are entitled to be released
                                    on bail.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicants 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-applicants shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                           (Avnish Saxena,J.)
                                    October 1, 2026
                                    Sharad/-




Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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