Allahabad High Court
MOHD SHAFEEK @ KALLUversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The bail application is allowed, and the accused is released on bail subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Mohd Shafeek @ Kallu, who was charged under Sections 3, 5 and 8 of the Prevention of Cow Slaughter Act and Sections 4 and 25 of the Arms Act. The applicant contended that he was falsely implicated, that no incriminating material was recovered from him, and that he had no risk of fleeing or tampering with evidence. The State opposed the bail but could not refute the applicant’s factual submissions. After weighing the seriousness of the accusations, the prima facie case, and the possibility of witness tampering, the court decided that bail could be granted subject to strict conditions. The court ordered the release of the accused on personal bond and two sureties, imposing conditions against evidence tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- What is the appropriateness of granting bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving offences under the Prevention of Cow Slaughter Act and the Arms Act?
- Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses that would justify denial of bail.
Legislation cited
- Arms Act — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Prevention of Cow Slaughter Act
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
- prima facie case
- witness tampering
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8346 of 2026
Mohd Shafeek @ Kallu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Shri Vijendra Kumar, 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. 47 of 2026, under Sections 3/5/8 of
the Prevention of Cow Slaughter Act and section 4/25 of Arms Act, Police
Station Handia, District Prayagraj.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number.
The F.I.R. has been lodged against an unknown person, and the applicant
was not arrested from the spot. Nothing incriminating has been recovered
from the possession or at the pointing out of the applicant. The alleged
recovery of one chapad and one Passion Pro motorcycle has been falsely
shown by the police in order to implicate the applicant in the present case.
It is further submitted that no beef or dead cow progeny has been recovered
from the possession of the accused applicant. He is languishing in jail since
31.01.2026. Applicant's have criminal history of five cases, which is
explained in para no. 16 of the bail application and applicant is on bail in all
the cases. Bail orders have been annexed as Annexure No. 3 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. 8346 of 2026
2
Learned AGA has vehemently opposed, but could not dispute the aforesaid
facts.
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, Mohd. Shafeek @ Kallu, 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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