Allowed¶17

Fiza and Another v. State of U.P.

Allahabad HC18 Jan 2026BAIL/24851/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Ashutosh Srivastava, J., January 19, 2026) in Criminal Misc. Bail Application No. 24851 of 2025, Fiza and Muskan versus State of U.P.: bail granted in cow-slaughter and BNS Sections 303(2)/317(2) case (Case Crime No. 268 of 2025, P.S. Chakeri, Kanpur Nagar); custody since 26.04.2025; charge sheet filed; no recovery conceded; conditional bail order.

What did the court decide?

Bail granted to accused-applicants Fiza and Muskan in Case Crime No. 268 of 2025 on execution of a personal bond and two reliable sureties each, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in trial; regular appearance before the trial court); the court below is at liberty to cancel bail on breach of any condition.

Fiza and Another Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused-applicants (Fiza and Muskan) are entitled to be enlarged on bail in Case Crime No. 268 of 2025, Police Station Chakeri, District Kanpur Nagar.

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Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merit of the case, a case for bail is made out and the bail application is allowed.

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Ratio / Principle

The accused-applicants Fiza and Muskan are to be released on bail on executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to conditions: no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses with cooperation in trial, and regular appearance on dates fixed by the trial court; on breach, the court below may cancel bail.

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Detailed headnote1 paragraphs

Bail allowed — Case Crime No. 268 of 2025, P.S. Chakeri, District Kanpur Nagar, under Sections 303(2), 317(2) of BNS and Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act — applicants Fiza and Muskan in jail since 26.04.2025 — charge sheet filed — F.I.R. originally against unknown persons, applicants' names surfaced in co-accused's statement during investigation — learned AGA opposed but could not dispute that nothing incriminating was recovered from the applicants' possession — held, without commenting on merits, a case for bail made out — release on personal bond and two reliable sureties each, with conditions against tampering, criminal activity, witness intimidation, and requiring regular trial appearance; breach empowers cancellation by court below.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 24851 of 2025

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Fiza And Another

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.....Applicant(s)

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	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Anjum Parveen, Siddarth Jaiswal
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 learned counsel for the applicants, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record.

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This bail application has been moved on behalf of accused-applicants, seeking enlargement on bail in Case Crime No. 268 of 2025, under Sections 303(2), 317(2) of BNS and Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Police Station Chakeri, District Kanpur Nagar.

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Learned counsel for the applicants argued that the accused-applicants are innocent and they have been falsely implicated in this case crime number. He submits that the F.I.R. has been lodged against one unknown persons and the name of the applicants came into light during the course of investigation in the statement of co-accused. He submits that the allegation of slaughtering of animals by the applicants is false. He submits that there is no recovery of incriminating article from the possession of the present applicants and the alleged recovery is planted by the Police. He submits that in the present case charge sheet has already been filed and the applicants are no more required for any further custodial interrogation. He submits that there is no independent or public witness of the alleged incident. He submits that the applicants are languishing in jail since 26.04.2025 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. He submits that the applicants have no criminal history to her credit Hence, bail has been prayed for.

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Learned AGA has vehemently opposed, but could not dispute the fact that

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BAIL No. 24851 of 2025

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nothing incriminating has been recovered from the possession of the applicants.

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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 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-applicants, Fiza and Muskan, involved in above mentioned case crime number be released on bail, on her 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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i. The applicants will not tamper with the evidence.

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ii. The applicants will not indulge in any criminal activity.

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

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iv. The applicants will appear regularly on each and every date fixed by the trial court, unless her 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 her bail.

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January 19, 2026

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pks

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(Ashutosh Srivastava,J.)

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Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad

Fiza and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Fiza and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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