Allowed

Arbind Tiwari v. State of U.P.

Allahabad HC1 Dec 2025BAIL/40456/2025

Case brief

AI extract

What is this about?

Regular bail application for an applicant charged under the U.P. Prevention of Cow Slaughter Act and Section 109 BNS in a Chandauli case crime. No beef or independent witness at recovery was cited by counsel. Court found bail justified without commenting on merits and released him on bond and sureties with standard conditions.

What did the court decide?

Applicant released on bail on executing a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to stated conditions.

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

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 40456 of 2025

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Arbind Tiwari

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	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Omkar Dutt Malviya
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard Shri O.D. Malviya, learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, for the State-Respondents and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Arbind Tiwari, seeking enlargement on bail in Case Crime No. 305 of 2025, under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 109 BNS, Police Station Sayyedraja, District-Chandauli, during pendency of trial.

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Learned counsel for the applicant argued that the accused-applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 08.10.2025. Learned counsel for the applicant submits the recovery shown from the alleged vehicle of 2 live progenies. Neither any beef nor any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery. The applicant has no criminal antecedents 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.

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Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting

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BAIL No. 40456 of 2025

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evidence, reasonable apprehension of tampering with the witness and primafacie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-applicant, Arbind Tiwari , 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:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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The applicant will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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(Ashutosh Srivastava,J.)

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December 1, 2025

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Deepak/

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

Arbind Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

Arbind Tiwari v. State of U.P.

Case brief

What is this about?

What did the court decide?

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