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2026 Supreme(Online)(All) 1319

HIGH COURT OF JUDICATURE AT ALLAHABAD
Jitendra Kumar Sinha, J
SHADAB – Appellant
Versus
STATE OF U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 14022 of 2026



Advocates:
For the Appellants/Petitioners: Ankit Tiwari, Mohd Yasir
For the Respondents: G.A.

Bail may be granted based on parity with co-accused and the nature of evidence (confessional statements), even where a criminal history exists, provided the applicant is already on bail in those previous cases.

Headnote:The applicant sought bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Case Crime No. 124 of 2026, involving S. 3(5) of the B.N.S. and S. 3/5/8 of the Cow Slaughter (Prevention) Act. The applicant was not arrested on the spot, and his involvement was based on the confessional statements of co-accused. The court found the case fit for bail considering the totality of facts and parity with a co-accused. The primary issue was whether the applicant, despite a criminal history of nine cases, is entitled to bail. The court reasoned that the applicant is already on bail in previous cases and a similarly placed co-accused has been granted bail, noting that the applicant's name surfaced only through confessional statements. Hence, the present bail application is allowed.

Table of Content
1. application for bail under bnss and cow slaughter act. (Para 1 , 2)
2. arguments regarding parity, confessional statements, and criminal history. (Para 3 , 4 , 5 , 6)
3. court finds the applicant fit for bail based on totality of facts. (Para 7)
4. bail granted with specific conditions and trial court independence. (Para 8 , 9 , 10)

1. Heard Shri Mohd. Yasir, learned counsel for the applicant, and Shri Chandra Shekhar Saran, 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.124 of 2026, under Sections 3 (5) of B.N.S. and Section 3 /5/8 of Cow Slaughter (Prevention) 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 the applicant has not been arrested on the spot and his name has surfaced in the confessional statement of co-accused Wasim Qureshi, Abid and Zakir. It is further submitted that similarly placed 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 languishing in jail since 12.04.2026 and the applicant is having criminal history of nine cases, 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.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that the applicant is having criminal history of nine cases and most of the cases relating to the Cow Slaughter Act.

5. In reply, learned counsel for the applicant submits that the applicant is on bail in the all the nine cases.

6. Similarly placed 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 name of the applicant has surfaced in the confessional statement of the co-accused. It is further submitted that the applicant is languishing in jail since 12.04.2026 and the applicant is having criminal history of nine cases, 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- Shadab 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.

9. In case of breach of any of the abo

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