Nanhe Paswan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Nanhe Paswan vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release on bail of accused-applicant Nanhe Paswan upon executing a personal bond and two reliable sureties each in the like amount, subject to four imposed conditions (no tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses, cooperating in trial; regular attendance on trial dates unless exempted), with liberty to the court below to proceed to cancel bail on breach of any condition.

Issue for consideration

Whether the accused-applicant Nanhe Paswan, in custody since 03.08.2025 in Case Crime No. 179 of 2025 (Sections 3/5/8, U.P. Cow Slaughter Prohibition Act; Section 11, Animal Cruelty Act, PS Rampur Karkhana, Deoria), should be enlarged on bail, particularly given parity with co-accused already granted bail.

Court's answer

Considering all the facts and circumstances — the nature of accusations, severity of the punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and the prima facie case — the Court concluded, without commenting on the merits, that a case for bail was made out.

Ratio / Principle

The Court allowed the bail application and directed that the accused-applicant Nanhe Paswan be released on bail on executing a personal bond and two reliable sureties each in the like amount, subject to conditions: (1) no tampering with evidence; (2) no criminal activity; (3) no pressurising/intimidation of prosecution witnesses and cooperation in the trial; (4) regular appearance on every date fixed by the trial court unless personally excused through counsel; and on breach of any condition the court below is at liberty to cancel the bail.

Detailed headnote1 paragraphs

CRIMINAL MISC. BAIL APPLICATION No. 35518 of 2025 (High Court of Judicature at Allahabad, Court No. 68; Hon'ble Ashutosh Srivastava, J.; decided November 4, 2025) — BAIL ALLOWED. Applicant Nanhe Paswan, languishing in jail since 03.08.2025, applied under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for bail in Case Crime No. 179 of 2025 under Sections 3/5/8 of U.P. Cow Slaughter Prohibition Act and Section 11 of Animal Cruelty Act, Police Station Rampur Karkhana, District Deoria. Counsel pleaded innocence and parity with similarly circumstanced co-accused Paramhans Pal and Pooran Gupta, already granted bail by a coordinate Bench in Criminal Misc. Bail Application Nos. 29009 of 2025 (orders dated 25.09.2025 and 15.09.2025), and explained criminal antecedents of three cases in the affidavit; the A.G.A., while opposing, conceded the co-accused parity. Considering the nature of accusations, severity of punishment on conviction, supporting evidence, apprehension of witness-tampering and the prima facie case, but without commenting on the merits, the Court found 'a case for bail is made out' and allowed the application: release on a personal bond and two reliable sureties each in the like amount, subject to conditions barring evidence-tampering, criminal activity and witness pressure/intimidation, and requiring regular trial attendance, failing which the court below may cancel the bail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35518 of 2025

Nanhe Paswan

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Vishwa Nath Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri V.N. Pandey, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned A.G.A. for the State-respondents and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Nanhe Pawan, seeking enlargement on bail in Case Crime No. 179 of 2025, under Sections 3/5/8 of U.P. Cow Slaughter Prohibition Act and Section 11 of Animal Cruelty Act, Police Station-Rampur Karkhana, DistrictDeoria.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.08.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Paramhans Pal and Pooran Gupta, have already been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 29009 of 2025, vide orders dated 25.09.2025 and 15.09.2025. Criminal antecedent of three cases has already been explained in the affidavit filed in support of bail application and 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.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but submits that similarly circumstanced aforesaid co-accused has already been granted bail by this Court.

Considering all above 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.

BAIL No. 35518 of 2025

2

Accordingly, the bail application is allowed.

Let the accused-applicant, Nanhe Paswan , 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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.

(Ashutosh Srivastava,J.)

November 4, 2025

Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad