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HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 14175 of 2026

Shakir

.....Applicant(s)

Versus

State of U.P.

.....Opposite

Party(s)

Counsel for Applicant(s) : Yogesh Mishra

Counsel for Opposite Party(s) : G.A.

Court No. - 69

HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed on behalf of the applicant is taken on

record.

2. Heard Shri Yogesh Mishra, learned counsel for the applicant, and Shri

Ashish Kumar Tripathi, 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.42 of 2026, under

Sections 109(1) of B.N.S., and Section 5A/8 of U.P. Prevention of Cow

Slaughter Act, registered at Police Station Gunjdundwara, District

Kasganj, during pendency of the trial.

4. 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 two alive bulls are said to have

been recovered from the possession of the applicant and co-accused

Tasleem and the applicant are said to have fled away from the place of

occurrence. It is further submitted that the applicant is languishing in jail

since 20.03.2026 and the applicant is having criminal history, which has

been explained in the memo of application, 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.

BAIL No. 14175 of 2026

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5. Per contra learned A.G.A. has opposed the prayer for bail of the

applicant.

6. As per first information report, two alive bulls are said to have been

recovered from the possession of the co-accused and other co-accused

Tasleem and the applicant are said to have fled away from the place of

occurrence. It is further submitted that the applicant is languishing in jail

since 20.03.2026 and the applicant is having criminal history, which has

been explained in the memo of application.

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- Shakir 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.

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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 court shall be

absolutely free to arrive at its independent conclusions on the basis of

evidence led unaffected by anything said in this order.

(Jitendra Kumar Sinha,J.)

May 6, 2026

RKM

Digitally signed by :-

RAJESH KUMAR MA