Allahabad High Court
NAVI ULLAversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Navi Ulla who was charged under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act and Sections 4 and 25 of the Arms Act. The applicant claimed false implication, asserted that no police officer was injured, and highlighted his clean criminal record, while the State pointed to a lab report confirming that the seized meat was beef. After reviewing the FIR, chargesheet, and the circumstances of the case, the Court, without expressing a view on the merits, found the matter suitable for bail. The Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to several conditions including non‑interference with witnesses and attendance at trial dates. The order expressly limited its effect to the bail application and did not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under the U.P. Prevention of Cow Slaughter Act and the Arms Act.
- Whether the nature of the alleged offences, including the confirmation of beef by a lab report, warrants denial of bail.
- Whether the applicant’s claim of false implication and lack of prior criminal record justify granting bail.
- Whether the conditions imposed on bail are appropriate and sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- cow slaughter
- arms act
- false implication
- criminal procedure
- conditions of bail
- preventive detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44013 of 2025
Navi Ulla
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Abhishek Tripathi, Ajay Kumar Pal, Ajeet
Kumar Pandey, Akhilesh Kumar Mishra,
Vikrant Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Vikrant Pratap Singh, learned counsel for the applicant, Sri Shiv Dutt
Shukla, learned AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail Case Crime No. 248 of 2025 under Sections 3/5/8 of U.P. Prevention of Cow
Slaughter Act and Section 4/25 Arms Act, Police Station Sandeepanghat, District
Kaushambi during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 04.11.2025. It
is further submitted that no police person has received any injury of fire arm in the
alleged incident and as per the FIR, 50 kg beef, one CNG tempo, one motorcycle,
some slaughtering instruments, some country-made pistols and some live and empty
cartridges are said to have been recovered from the possession of the applicant. It is
further submitted that chargesheet in the case has been filed and the applicant has no
criminal history. It is also submitted that applicant undertakes that he will not misuse
the liberty, if granted. It has also been pointed out that in the wake of heavy pendency
of cases in the Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the
applicant and submits that lab report confirms that the alleged recovered meat has
been found to be cow meat (beef).
5. As per the allegations in the FIR, 50 kg beef, one CNG tempo, one motorcycle,
some slaughtering instruments, some country-made pistols and some live and empty
cartridges are said to have been recovered from the possession of the applicant. It is
further submitted that chargesheet in the case has been filed and the applicant has no
criminal history. Co-accused Zafar Ahmad has been granted bail by Co-ordinate
BAIL No. 44013 of 2025
2
Bench of this Court and applicant is languishing in jail since 04.11.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Navi Ulla involved in the aforesaid case crime be released on bail
on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
amount to the satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or
promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 14, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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