Allahabad High Court
SANDEEP KUMAR @ SONU AND 2 OTHERSversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicants, finding a prima facie case for release.
Summary
The applicants, Sandeep Kumar (alias Sonu) and two others, were arrested under Sections 3, 5A, 8 and 5B of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960. They contended that they were falsely implicated, asserting that no animal was actually slaughtered and therefore no offence under the Cow Slaughter Act could be established. Having been in custody since 19 July 2026, they applied for bail, promising cooperation with the trial and assuring they would not misuse liberty. The court, after hearing counsel and reviewing the record, noted the absence of evidence of slaughter and, without passing on the merits, found a prima facie case for bail. Consequently, the bail application was allowed subject to personal bond, sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicants are entitled to bail despite charges 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 offence under the Cow Slaughter Act, thereby affecting bail considerations.
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
- criminal procedure
- Prevention of Cow Slaughter Act
- Prevention of Cruelty to Animals Act
- false implication
- trial court
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31817 of 2026
Sandeep Kumar @ Sonu And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Kumar Singh, Vivek
Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 66 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Kamlesh Kumar Singh, learned counsel for the applicants, Sri
R.P. Singh, learned State Law Officer and perused the record.
3. Applicants seek bail in Case Crime No.39 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 Chakar Ghatta, District
Chandauli, during the pendency of trial.
4. Learned counsel for the applicants has stated that the applicants have been
falsely implicated in the present case. They have 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 the criminal history of one case
assigned to the applicants stands explained as they have applied for bail in
the said case. The applicants are languishing in jail since 19.7.2026 and are
ready to cooperate with trial. In case, the applicants are released on bail, they
will not misuse the liberty of bail.
6. The bail application has been opposed but the submissions raised by the
learned counsel for the applicants could not be disputed.
BAIL No. 31817 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 applicants have made out
a case for bail. The bail application is allowed.
8. Let the applicants- Sandeep Kumar @ Sonu, Nikheel and Babundar
@ Bullu, be released on bail in the aforementioned case crime on their
furnishing 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 they 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 applicants
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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