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2026 Supreme(Online)(All) 1316

HIGH COURT OF JUDICATURE AT ALLAHABAD
Jitendra Kumar Sinha, J
BABU – Appellant
Versus
STATE OF U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 13958 of 2026



Advocates:
For the Appellants/Petitioners: Mohammad Samnani Ali, Mohd Raghib Ali
For the Respondents: G.A.

Bail may be granted when the applicant is not named in the FIR, no incriminating material is recovered from their conscious possession, and parity is established through the release of a co-accused.

Headnote:The applicant sought bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 124 of 2026, registered under S. 3(5) of the B.N.S. and S. 3/5/8 of the U.P. Prevention of Cow Slaughter Act. The facts indicate that mortal remains of slaughtered cows were recovered from premises owned by the applicant, which had been let out to a co-accused. The court found that the applicant was not named in the FIR and was implicated solely based on the confessional statement of a co-accused. The primary issue was whether the applicant was entitled to bail given the lack of direct evidence and the grant of bail to a co-accused. The court reasoned that since the applicant was not named in the FIR, no recovery was made from his conscious possession, and parity existed as co-accused Zakir had already been granted bail, the applicant is entitled to relief. Hence, the present bail application is allowed.

Table of Content
1. procedural hearing and presentation of arguments for bail based on lack of direct evidence and parity. (Para 1 , 2 , 3 , 4)
2. evaluation of evidence regarding conscious possession and the impact of co-accused's bail status. (Para 5)
3. grant of bail subject to specific conditions to ensure trial integrity. (Para 6 , 7 , 8 , 9)

1. Heard Shri Mohd. Raghib Ali, learned counsel for the applicant, and Shri Radhey Shyam, 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 FIR No.124 of 2026, under Sections 3 (5) of B.N.S. and Section 3 /5/8 of U.P. Prevention of Cow Slaughter Act , registered at Police Station Lohiyanagar, District Meerut, 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 co-accused Zakir has already been granted bail by this Court vide order dated 28.04.2026 passed in Criminal Misc. Bail Application No.13980 of 2026. It is further submitted that the applicant is not named in the first information report and his name has surfaced in the confessional statement of co-accused Zakir and nothing has been recovered from the conscious possession of the applicant. It is further submitted that as per allegations in the first information report, some mortal remains of slaughtered cows are said to have been recovered from the premises of the applicant and the applicant is said to be the owner of the said premises and the applicant has let out the said premise to the co-accused Adib. It is further submitted that the applicant is languishing in jail since 09.04.2026, 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. Co-accused Zakir has already been granted bail by this Court vide order dated 28.04.2026 passed in Criminal Misc. Bail Application No.13980 of 2026 and the applicant is not named in the first information report and his name has surfaced in the confessional statement of co-accused Zakir and nothing has been recovered from the conscious possession of the applicant. As per allegations in the first information report, some mortal remains of slaughtered cows are said to have been recovered from the premises of the applicant and the applicant is said to be the owner of the said premises and the applicant has let out the said premise to the co-accused Adib. It is further submitted that the applicant is languishing in jail since 09.04.2026.

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- Babu 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 o

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