Allahabad High Court
SHAKTI KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail as no animal was slaughtered and the allegations do not constitute an offence under the Cow Slaughter Act.
Summary
Shakti Kumar was arrested in connection with a case under Sections 3, 5A, 8 and 5B of the Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960. The applicant contended that he was falsely implicated, that no animal was actually slaughtered and therefore no offence under the Cow Slaughter Act was made out, and that he had no prior criminal record. The State opposed bail, but the court, after considering the submissions and the fact that no slaughter occurred, found a prima facie case for bail. The court ordered his release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order clarified that the bail decision would not prejudice the trial judge’s independent assessment of the case.
Issues considered
- Whether the applicant is entitled to bail despite allegations under the Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animals Act
- Whether the absence of an actual animal slaughter negates the existence of an offence under the Cow Slaughter Act
- Whether the applicant’s lack of criminal history and willingness to cooperate justify granting bail
Legislation cited
- Prevention of Cruelty to Animals Act, 1960 — s. 11
- Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — s. 3, 5A, 5B, 8
Subjects
- bail
- Prevention of Cow Slaughter Act
- Prevention of Cruelty to Animals Act
- false implication
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31788 of 2026
Shakti Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ratnesh Kumar Jaiswal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 58 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ratnesh Kumar Jaiswal, learned counsel for the applicant, Sri
A.K. Mishra, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No.0212 of 2026, under Sections
3/5A/8/5B of Prevention of Cow Slaughter Act and Section 11 of Prevention
of Cruelty to Animals Act, 1960, Police Station Balua, District Chandauli
during the pendency of trial.
4. Learned counsel for the applicant has stated that the applicant has been
falsely implicated in the present case. He has nothing to do with the said
offence. Since no animal was slaughtered in the present case, no offence is
made out under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. If
at all any offence is disclosed, the same would fall only within the ambit of
the Prevention of Cruelty to Animals Act, 1960.
5. Learned counsel has further stated that there is no criminal history of the
applicant. The applicant is languishing in jail since 25.7.2026 and is ready to
cooperate with trial. In case, the applicant is released on bail, he will not
misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicant could not be disputed.
BAIL No. 31788 of 2026
2
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record and the fact that no
animal was slaughtered, 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. The bail application is allowed.
8. Let the applicant- Shakti Kumar, be released on bail in the
aforementioned case crime on his furnishing a personal bond and two
sureties each in the like amount 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.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 9, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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