Allahabad High Court
SHAILENDRA YADAVversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court granted bail to the applicant, finding that the circumstances warranted his release pending trial.
Summary
The High Court considered a bail application filed by Shailendra Yadav, who was charged under Sections 3, 5A, 5B and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 109(1) of the B.N.S. The applicant argued that he was not arrested at the spot, no cow was recovered from him, and he had previously been granted bail in a similar case. The State opposed bail, but the court noted that the accusation was based solely on statements of co‑accused and that the trial was likely to be delayed due to a heavy docket. Weighing the lack of direct evidence, the applicant’s clean criminal record and the prior bail order, the court held that bail was appropriate. The court ordered his release on personal bond and two sureties, subject to conditions of appearance, non‑interference with evidence and refraining from criminal activity. The order expressly limited its observations to the bail application and did not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the accused when he was not arrested on the spot and no recovery was made from his possession.
- Whether the pending trial and prior bail in a similar case justify release on bail despite charges under the Cow Slaughter Act and related statutes.
Legislation cited
- B.N.S. — s. 109(1)
- Prevention of Cruelty to Animals Act, 1960 — s. 11
- Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — s. 3, 5A, 5B, 8
Subjects
- bail
- cow slaughter legislation
- pre‑trial detention
- sureties
- evidence tampering
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15581 of 2026
Shailendra Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arunesh Datta, Devendra Mani Tripathi
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. 25 of 2026, under Sections 3/5A/5B/8 of Uttar
Pradesh Prevention of Cow Slaughter Act, 1955, Section 11 of the
Prevention of Cruelty to Animals Act, 1960 and Section 109 (1) of B.N.S.,
Police Station Kandawa, District Chandauli, 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. 64
of 2025, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act,
1955, Police Station Saiyadraja, District Chandauli, which has been
explained in para no. 17 of the affidavit. In the aforesaid case, he has already
been released on bail by this Court vide order dated 19.06.2026 passed in
Criminal Misc. Bail Application No. 18822 of 2025, copy of the bail order
has been annexed as Annexure no. 3 to this affidavit. 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 13.04.2026 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. 15581 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- Shailendra Yadav 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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