Allahabad High Court
JAI PRAKASH GAUDversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail is to be granted to the applicant.
Summary
Jai Prakash Gaud was detained since 22 May 2025 in Crime No. 85 of 2026 under Sections 3, 5A and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act. He contended that he was falsely implicated because no cow was actually slaughtered or injured and that he has no prior criminal record. The State opposed his bail. The court examined the nature of the alleged offence, the severity of the statutory punishment, and the fact that the Act’s stringent provisions apply only when an animal is slaughtered or injured. Finding that the prosecution had not established a prima facie case and noting the long period of incarceration already served, the court held that bail was appropriate. Accordingly, the bail application was granted on condition of a personal bond, two sureties, and standard bail conditions.
Issues considered
- Whether bail should be granted to the accused under the U.P. Prevention of Cow Slaughter Act when no animal was slaughtered or injured and the applicant claims false implication.
Legislation cited
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- bail
- U.P. Prevention of Cow Slaughter Act
- criminal procedure
- false implication
- no animal slaughtered
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31343 of 2026
Jai Prakash Gaud
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrita Kashyap
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 86 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Amrita Kashyap, learned counsel for the applicant and Sri
Rajendra Prasad Singh, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 85 of 2026, under Sections
3/5A/8 of U.P. Prevention of Cow Slaughter Act, Police Station -
Tamkuhiraj, District - Kushinagar, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. It is submitted that since no animal
was admittedly slaughtered or injured, no offence is made out against the
applicant under the provisions of the U.P. Prevention of Cow Slaughter
Act. It is further submitted that the applicant has no criminal history and
is in jail since 22.05.2025.
5. Considering the facts and circumstances of the case, submissions made
by learned counsel for the parties, nature of offence, severity of
punishment and also considering the fact that no animal was slaughtered
or injured to attract the stringent provisions of the Cow Slaughter Act,
alongside the period of incarceration already undergone, this Court prima
facie finds it a fit case to release the applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Jai
BAIL No. 31343 of 2026
2
Prakash Gaud, be released on bail on furnishing a personal bond and
two sureties to the satisfaction of the court concerned, subject to
verification of sureties, with the conditions that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
7. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 23, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
Checking your session…