HIGH COURT OF JUDICATURE AT ALLAHABAD
Jitendra Kumar Sinha, J
NADEEM – Appellant
Versus
STATE OF U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 14572 of 2026
| Table of Content |
|---|
| 1. procedural initiation of bail application under bnss and bns. (Para 1 , 2 , 3) |
| 2. evaluation of implication based on confessional statements versus fir naming. (Para 4 , 5 , 6) |
| 3. grant of bail based on totality of facts and imposition of conditions. (Para 7 , 8 , 9 , 10) |
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record.
2. Heard Sri Akhilesh Kumar Mishra, learned counsel for the applicant and Sri B.P. Maurya, learned AGA for the State-respondents and perused the record.
3. 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. 82 of 2026, under Sections 61(2) BNS and Section 3 /5/8 of Prevention of Cow Slaughter Act and Section 11 of the Animal Cruelty Act , registered at Police Station Nahtaur, District Bijnor during pendency of the trial.
4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 26.3.2026. It is further submitted that the applicant is not named in the FIR and his name has surfaced in the confessional statement of Sahnawaz and Imran and nothing has been recovered from the possession of the applicant. It is further submitted that co-accused Daya Ram has already been granted bail by this Court vide order dated 28.4.2026 passed in Criminal Misc. Bail Application No. 13966 of 2026. It is also submitted that the 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.
5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant.
6. As per the allegations in the FIR, some mortal remains of slaughtered cows are said to have been found in an open place and FIR has been lodged against unknown and during investigation co-accused Daya Ram was arrested and in his confessional statement two other co-accused Shahnawaz and Imran were arrested and name of the applicant has surfaced in their confessional statement. Co-accused Daya Ram has already been granted bail by this Court.
7. 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
8. Let the applicant- Nadeem 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.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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
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