HIGH COURT OF JUDICATURE AT ALLAHABAD
Jitendra Kumar Sinha, J
FIROZ – Appellant
Versus
STATE OF U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 14485 of 2026
| Table of Content |
|---|
| 1. background of the bail application, charges under cow slaughter and animal cruelty acts, and parties' contentions regarding innocence and criminal history. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's determination that the applicant is fit for bail based on the totality of facts and evidence. (Para 6) |
| 3. grant of bail subject to specific conditions and the preservation of the trial court's independent judgment on merits. (Para 7 , 8 , 9) |
1. Heard Shri Rajesh Singh Baish, learned counsel for the applicant, and Shri Ashish Kumar Tripathi, 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 in Case Crime No.93 of 2026, under Sections 3 /5A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act , registered at Police Station Kotwali Chunar, District Mirzapur, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that 3 cows are said to have been recovered from a bolero vehicle, in which, the applicant and other co-accused were found travelling in the said vehicle. It is further submitted that the applicant is languishing in jail since 08.03.2026 and the applicant is having no criminal history, 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. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
5. As per first information report, 3 cows are said to have been recovered from a bolero vehicle, in which, the applicant and other co-accused were found travelling in the said vehicle. It is further submitted that the applicant is languishing in jail since 08.03.2026 and the applicant is having no criminal history.
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- Firoz involved in the aforesaid case crime shall 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 :-
(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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.