Allahabad High Court
AYUSH MAHATOversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that in the absence of an independent witness to the arrest and recovery, the accused is entitled to bail.
Summary
Ayush Mahato, a driver, was arrested on 12 September 2026 under Sections 3, 5A, 5B and 8 of the Cow Slaughter Act, Section 11 of the Punishment for Cruelty to Animals Act and Section 109(1) of the BNS Act for allegedly transporting three live cattle for slaughter. The applicant contended that the FIR was false, there were no independent witnesses to the recovery, and he had no prior criminal record. The State opposed bail. The High Court, noting the absence of an independent witness and the applicant’s cooperation with the investigation, granted bail without addressing the merits, directing the applicant to furnish a personal bond and two sureties, and referring to Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for Grant of Bail in Re (2024) 10 SCC 685. The bail was ordered on the condition of cooperation for a speedy trial.
Issues considered
- Whether bail should be granted when the arrest and recovery were made without an independent witness.
- Whether the applicant’s lack of prior criminal history and cooperation with investigation justify bail despite serious charges under the Cow Slaughter and Animal Cruelty statutes.
Legislation cited
- BNS Act — s. 109(1)
- Cow Slaughter Act — s. 3, 5A, 5B, 8
- Punishment for Cruelty to Animals Act — s. 11
Subjects
- bail
- cow slaughter
- animal cruelty
- independent witness
- personal bond
- surety
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35078 of 2026
Ayush Mahato
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akash Ojha
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Akash Ojha, learned counsel for accused applicant and
learned A.G.A. for State.
2. The present bail application has been moved by the applicant accused-
Ayush Mahato to enlarge him on bail in Case Crime No. 572 of 2026,
under Sections 3/5A/5B/8 Cow Slaughter Act and Section 11 of
Punishment for Cruelty with Animal Act and Section 109(1) BNS, P.S.-
Ali Nagar, District- Chandauli, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in FIR dated 12.09.2026 lodged by
the police with the allegation that the accused applicant being driver of
the vehicle was carrying three cattle for slaughtering. Further submits that
the recovery is of live cattle in the absence of independent witness. The
accused applicant has no criminal history. Investigation is continuing and
applicant is co-operating in the investigation. The accused applicant is
languishing in jail since 12.09.2026. He seeks enlargement of accused on
bail.
4. Learned A.G.A. for State opposed the bail application.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the arrest and recovery have been made in the absence
of independent witness, the accused/applicant is entitled to be released on
BAIL No. 35078 of 2026
2
bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
October 1, 2026
Sharad/-
Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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