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2026 DAILYLAW 1750 (ALL)

MOHD SHAMIM v. STATE OF U.P.

BAIL/16750/2026 · 2026-05-17

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16750 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Syed Ali Imam, learned counsel for the applicant and Sri B.P. Singh, 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. 8 of 2026, under Sections 109(1), 61(2) BNS, Section 3/25 Arms Act and Sections 3/5/8 Cow Slaughter Act, Police Station Dudhara, District Sant Kabir Nagar, during pendency of the trial. 3. 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 23.1.2026. It is further submitted that co-accused Alaooddin@Koeel from whose possession 100kg cow meat and some slaughtering instruments and some country-made pistol and live cartridges are said to have recovered, has already been granted bail by a co-ordinate Bench of this Court vide order dated 17.4.2026 passed in Criminal Misc. Bail Application No. 11935 of 2026 and another co-accused Abdul Kalam has also been granted bail by the same co-ordinate Bench of this Court vide order dated 17.4.2026 passed in Criminal Misc. Bail Application No. 11903 of 2026. It is submitted that the name of the applicant has surfaced in confessional statement of arrested Versus Counsel for Applicant(s) : Syed Ali Imam Counsel for Opposite Party(s) : G.A. Mohd Shamim .....Applicant(s) State of U.P. .....Opposite Party(s) co-accused Alaooddin@Koeel and Iklakh. It is also submitted that the applicant is having criminal history, which has been duly explained in the memo of application. 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. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant. 5. Co-accused Alaooddin@Koeel and co-accused Abdul Kalam have already been granted bail by co-ordinate Bench of this Court and the name of the applicant has surfaced in confessional statement of arrested co-accused Alaooddin@Koeel and Iklakh. As per FIR, 100kg cow meat and some slaughtering instruments and some country-made pistol and live cartridges are said to have recovered from the possession of co-accused Alaooddin@Koeel. The applicant is having criminal history, which has been duly explained in the memo of application 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- Mohd Shamim 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 BAIL No. 16750 of 2026 2 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. May 18, 2026 Abhishek BAIL No. 16750 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad