Allahabad High Court
ARVIND PASWAN @ TENIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Arvind Paswan, who was charged under Sections 3, 5 and 8 of the Uttar Pradesh Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960. The applicant argued that he was not arrested at the spot, no cow was recovered from him, and the case was likely to be delayed due to a heavy docket; he also pointed to a prior bail order in a 2017 case. The State opposed bail, but the court noted that the accusation was based solely on statements of co‑accused and that there was no immediate risk of tampering or further crime. Consequently, the court granted bail without commenting on the merits, imposing a personal bond, two sureties, and standard conditions. The order clarified that the observations were limited to the bail application and would not affect the trial’s merits.
Issues considered
- Whether bail should be granted to the accused under the Uttar Pradesh Cow Slaughter Act and the Prevention of Cruelty to Animals Act given the circumstances of arrest and evidence.
- Whether the applicant’s prior criminal history and the pending trial docket justify denial of bail.
Legislation cited
- Prevention of Cruelty to Animals Act, 1960 — s. 11
- Uttar Pradesh Cow Slaughter Act, 1955 — s. 3, 5, 8
Subjects
- bail
- criminal procedure
- Uttar Pradesh Cow Slaughter Act
- Prevention of Cruelty to Animals Act
- trial docket
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15576 of 2026
Arvind Paswan @ Teni
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant and learned AGA for the State-
respondent.
2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 23 of 2026, under Sections 3/5/8 Uttar Pradesh Cow
Slaughter Act, 1955, Section 11 of the Prevention of Cruelty to Animals Act,
1960, Police Station Bhatparrani, District Deoria, during the pendency of
trial.
3. It is argued by the learned counsel for the applicant that applicant was
neither arrested on the spot nor any recovery of cow was made from his
possession. There is criminal history of one case being, Case Crime No. 183
of 2017, Police Station Rampur Karkhana, District Deoria. In the aforesaid
case, he has already been released on bail, but bail order has not been
annexed and in this regard, he has produced photo copy of questionnaire
dated 23.04.2026 before this Court, is on record. There is no prospect of trial
of the present case being concluded in near future due to heavy dockets. The
applicant is not a previous convict. The applicant is languishing in jail since
06.02.2026 and in case he is released on bail, he will not misuse the liberty
of bail.
4. Per contra, learned AGA, however, opposed the prayer for bail.
BAIL No. 15576 of 2026
2
5. As far as the merit of the present case is concerned, applicant was not
arrested at spot and no recovery was made from his possession and it
appears that on the basis of statements of co-accused, who were arrested at
spot, he was made accused in the present matter.
6. Therefore, considering the facts and circumstances of the case discussed
above, in my view applicant is entitled to be released on bail.
7. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.
8. Let the applicant- Arvind Paswan @ Teni be released on bail in the
aforesaid case on furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
9. In case of breach of any of the above condition, the prosecution will be at
liberty to move an application before this Court for cancellation of the bail
of the applicant.
10. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Jai Prakash Tiwari,J.)
May 7, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
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