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2026 DAILYLAW 574 (ALL)

MOHD SHAFEEK @ KALLU v. STATE OF U.P.

BAIL/8346/2026 · 2026-03-18

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8346 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-opposite party and perused the record. This bail application under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 47 of 2026, under Sections 3/5/8 of the Prevention of Cow Slaughter Act and section 4/25 of Arms Act, Police Station Handia, District Prayagraj. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number. The F.I.R. has been lodged against an unknown person, and the applicant was not arrested from the spot. Nothing incriminating has been recovered from the possession or at the pointing out of the applicant. The alleged recovery of one chapad and one Passion Pro motorcycle has been falsely shown by the police in order to implicate the applicant in the present case. It is further submitted that no beef or dead cow progeny has been recovered from the possession of the accused applicant. He is languishing in jail since 31.01.2026. Applicant's have criminal history of five cases, which is explained in para no. 16 of the bail application and applicant is on bail in all the cases. Bail orders have been annexed as Annexure No. 3 of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence bail has been prayed for. Versus Counsel for Applicant(s) : Ashok Kumar Yadav Counsel for Opposite Party(s) : G.A. Mohd Shafeek @ Kallu .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Mohd. Shafeek @ Kallu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. March 19, 2026 Vibha Singh BAIL No. 8346 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad