Allahabad High Court
VIVEK KUMAR SINGHversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail is granted to the accused subject to specified conditions.
Summary
The High Court considered a bail application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Vivek Kumar Singh, who was arrested in connection with a case under sections 325 of the B.N.S., sections 3, 5A and 8 of the Cow Slaughter Act, and section 11 of the Prevention of Animal Cruelty Act. The applicant contended that he was falsely implicated, that no beef or dead cow was recovered from his possession, and that he had only one prior criminal case for which he had previously been released on bail. The State opposed the application but could not dispute the limited criminal history. The Court noted a prima facie case, the seriousness of the alleged offences, and a reasonable apprehension of evidence tampering, yet found no compelling reason to deny bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, intimidation of witnesses, and any further criminal activity, with the power to cancel bail on breach.
Issues considered
- Whether bail should be granted to the accused under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite a prima facie case and prior criminal history
- Whether there is a risk of flight, evidence tampering, or witness intimidation that warrants denial of bail
Legislation cited
- Arms Act, 1959 — s. 25, 4
- Bharatiya Nagarik Suraksha (B.N.S.) — s. 325
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Cow Slaughter Act — s. 3, 5A, 8
- Prevention of Animal Cruelty Act — s. 11
- Prevention of Cow Slaughter Act, 1955 — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- prima facie case
- cow slaughter
- animal cruelty
- evidence tampering
- flight risk
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8334 of 2026
Vivek Kumar Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kailash Nath Singh, Santosh Kumar
Singh, Sunil Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Vijednra Kumar Singh, learned
AGA for the State-opposite party and perused the record.
This bail application under section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 600 of 2025, under Sections 325 of
B.N.S. (Old Section 428/429 I.P.C.) and Section 3/5A/8 of the Cow
Slaughter Act and section 11 of Prevention of Animal Cruelty Act, Police
Station Chunar, District Mirzapur.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 03.02.2026. It is further submitted that no beef or
dead cow progeny has been recovered from the possession of the accused
applicant. Applicant was not arrested from the spot. There is no allegation of
slaughtering. Applicant's have criminal history of only one case i.e. Case
Crime No. 357 of 2025, u/s 3/5/8 of U.P. Prevention of Cow Slaughter Act,
1955, Section 11 of The Prevention of Cruelty to Animals Act, 1960 and
Section 4/25 of Arms Act, 1959, P.S. Koraon, Distt. Prayagraj in which
applicant has been released on bail and the bail order has been annexed as
Annexure No. 5 of the bail application. There is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail.
Hence bail has been prayed for.
BAIL No. 8334 of 2026
2
Learned AGA has vehemently opposed, but could not dispute the fact that
applicant has criminal history of only one case.
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Vivek Kumar Singh, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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