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Allahabad High Court

RAHUL KUMAR YADAVversusSTATE OF U.P.

Decided

Holding

The Court held that the applicant made out a prima facie case for bail and therefore granted bail.

Summary

Rahul Kumar Yadav was charged under Sections 3, 5A, 5B and 8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty of Animals Act, 1960. He applied for bail during the pendency of the trial, contending that he was not arrested at the spot and that his name appeared only in the co‑accused’s statement, which lacks evidentiary value. The Court examined the material on record, the submissions of counsel and the facts, and concluded that, on a prima facie basis, the applicant had satisfied the criteria for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required. The order does not affect the merits of the trial, and any breach of conditions will lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused in offences under the U.P. Prevention of Cow Slaughter Act and the Prevention of Cruelty of Animals Act during the pendency of trial.
  • Whether the co‑accused’s statement, which implicates the applicant, can be treated as substantive evidence for bail denial.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • cow slaughter
  • animal cruelty
  • sureties
  • trial pendency
  • evidence

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. BAIL APPLICATION No. - 31601 of 2026

                                    Rahul Kumar Yadav
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State of U.P.
                                                                                                      .....Opposite Party(s)

                                    Counsel for Applicant(s)                 :   Rajesh Kumar Yadav, Shivam Yadav
                                    Counsel for Opposite Party(s)            :   G.A.

                                    Court No. - 68
                                    (Sr. No.5 out of 318)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant, Sri Ram Mohit
                                    Yadav, learned A.G.A. for the State and perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No.62 of 2026, under Sections 3/5A/5B/8 of
                                    U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty
                                    of Animals Act, 1960, Police Station Balua, District Chandauli, during the pendency
                                    of trial.

                                    4. The criminal history of one case assigned to the applicant stands explained.

                                    5. Considering the facts and circumstances of the case, the submissions made by
                                    learned counsel for the parties, the evidence on record, taking into consideration the
                                    fact that the applicant was not arrested at the spot and his name has come up in the
                                    statement of the co-accused, which has no evidentiary value in the eyes of law, and
                                    without expressing any opinion on the merits of the case, prima facie the Court is of
                                    the view that the applicant has made out a case for bail. Accordingly, the bail
                                    application is allowed.

                                    6. Let the applicant- Rahul Kumar Yadav, be released on bail in the aforementioned
                                    case crime 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 9, 2026
                                    (Ravi Kant)




Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad


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