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Allahabad High Court

BANTIversusSTATE OF U.P.

Decided

Holding

The court held that, on the basis of parity with co‑accused and the absence of the applicant's name in the FIR, bail should be granted.

Summary

The applicant, Banti, filed a bail application in a criminal case (Crime No. 606 of 2025) involving alleged violations of Sections 3, 5A, and 8 of the Cow Slaughter Prevention Act and Section 11(1)L of the Animal Cruelty Act. The High Court examined the facts, noting that the applicant's name does not appear in the FIR and that co‑accused Shishupal and Rohit had already been granted bail by the same court. The court also considered the applicant's criminal history, which it found to be explained, and applied the principle of parity with the earlier bail orders. Relying on these considerations, the court concluded that the applicant had made out a case for bail. Consequently, the court ordered the release of Banti on bail subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.

Issues considered

  • Whether the applicant is entitled to bail under the provisions of the Cow Slaughter Prevention Act and the Animal Cruelty Act.
  • Whether the principle of parity with co‑accused who were granted bail applies to the applicant.
  • Whether the applicant's criminal history precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • animal cruelty
  • cow slaughter prevention
  • parity
  • criminal procedure

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. BAIL APPLICATION No. - 31920 of 2026

                                    Banti
                                                                                                            .....Applicant(s)
                                                                             Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                            :    Sudhir Kumar Shukla
                                    Counsel for Opposite Party(s)                       :    G.A.

                                    Court No. - 68
                                    (Sr. No.94 out of 318)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Sudhir Kumar Shukla, learned counsel for the applicant, Sri Pankaj
                                    Srivastava, learned A.G.A. for the State and perused the material placed on record.

                                    3. Applicant seeks bail in Case Crime No.606 of 2025, under Sections 3, 5A, 8 of Cow
                                    Slaughter Prevention Act and 11(1)L of Animal Cruelty Act, Police Station Malpura,
                                    District Agra, during the pendency of trial.

                                    4. Considering the facts and circumstances of the case, the submissions made by
                                    learned counsels for the parties, and taking into consideration that applicant is not
                                    named in the FIR and similarly placed co-accused, Shishupal and Rohit, have already
                                    been granted bail by the Co-ordinate Bench of this Court vide order dated 16.3.2026
                                    in Criminal Misc. Bail Application No.6598 of 2026, coupled with the fact that
                                    criminal history assigned to the applicant stands explained, the Court is of the view
                                    that the applicant has made out a case for bail. The bail application is allowed on the
                                    ground of parity.

                                    5. Let the applicant- Banti, 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.

                                    6. 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
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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