Allahabad High Court
HARICHARAN YADAVversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The Court granted bail to the accused, allowing his release on personal bond and sureties.
Summary
Haricharan Yadav applied for bail in a case under Sections 3, 5A and 8 of the Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, alleging that he and co‑accused were caught with three cattle for slaughter. The police recovered the cattle and arrested the accused on 28‑08‑2026 without any independent witness. The applicant has no prior criminal record and has been in custody since the arrest. The State opposed bail but did not dispute the facts. The Court, noting the absence of an independent witness and relying on 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, allowed the bail application without addressing the merits, directing release on personal bond and sureties.
Issues considered
- Whether bail should be granted when the arrest and recovery were made without an independent witness.
- Whether the provisions of the Cow Slaughter Act and the Prevention of Cruelty to Animals Act preclude bail in the circumstances.
- Application of Supreme Court precedents on bail to the present facts.
Legislation cited
- Cow Slaughter Act — s. 3, 5A, 8
- Prevention of Cruelty to Animals Act — s. 11
Subjects
- bail
- cow slaughter
- animal cruelty
- independent witness
- criminal procedure
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35133 of 2026
Haricharan Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raja Ram Pal
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Praveen Kumar Singh, learned counsel for the accused-
applicant and learned A.G.A. for the State.
2. The present bail application has been moved by the accused-applicant-
Haricharan Yadav to enlarge him on bail in Case Crime No. 71 of 2026,
under Sections 3/5A/8 Cow Slaughter Act and 11 Prevention of Cruelty to
Animals Act, P.S.- Kandva, District- Chandauli, during the pendency of
trial.
3. It is contended by learned counsel for the accused-applicant that the
police has initiated the provisions of Cow Slaughter and Animal Cruelty
Act against the accused-applicant and co-accused in F.I.R. dated
28.08.2026 with the allegation that accused persons were carrying three
cattle for slaughtering. The arrest and recovery has been made in the
absence of independent witness. The charge sheet is submitted. The
applicant has no criminal history. The applicant is in jail since 28.08.2026
and hence, the applicant seeks to be released on bail.
4. Learned A.G.A. for State has opposed the prayer for bail of the
applicant, but could not dispute the aforesaid facts.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considered that the arrest and recovery has been made in the absence
BAIL No. 35133 of 2026
2
of independent witness.
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
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
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