Allahabad High Court
KULDEEPversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court granted anticipatory bail to the applicant, subject to specified conditions.
Summary
Kuldeep, the owner of a vehicle (HR626544) that was allegedly used by a third party, Sant Lal, to transport bovines, faced potential arrest under Sections 3, 5A and 8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, 1960. He filed an anticipatory bail application under Section 482 of the CrPC, contending that he had no direct involvement in the alleged offence and was falsely implicated merely as the vehicle owner. The State opposed the bail. The Allahabad High Court, without delving into the merits, granted anticipatory bail pending the filing of a charge‑sheet, relying on the Supreme Court’s decision in Sushila Aggarwal v. State (2020). The bail was conditioned on the applicant’s cooperation with police, non‑interference with witnesses, not leaving India without permission, and other standard safeguards. The court also directed the recording of the applicant’s Aadhaar and contact details in the CCTNS as per the Uttar Pradesh Electronic Processes Rules, 2026.
Issues considered
- Whether the owner of a vehicle used by a third party can be granted anticipatory bail under Section 482 CrPC.
- Whether the nature and gravity of the offences under the Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animals Act preclude anticipatory bail.
- Whether the applicant satisfies the criteria for bail as per the precedent set in Sushila Aggarwal v. State.
Legislation cited
- Code of Criminal Procedure — s. 193, 482
- Prevention of Cow Slaughter Act — s. 3, 5A, 8
- Prevention of Cruelty to Animals Act, 1960 — s. 11
- Uttar Pradesh Electronic Processes (Issuance, Service and Execution) Rules, 2026 — s. Rule 8
Subjects
- anticipatory bail
- Section 482 CrPC
- vehicle owner liability
- cow slaughter
- animal cruelty
- bail conditions
- Uttar Pradesh
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3671 of 2026
Kuldeep
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Abhishek Singh, Sheshmani Vishwakarma
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Abhishek Singh, learned counsel for the applicant, Sri DPS
Chauhan, learned AGA for the State and perused the record.
2. The present application has been filed by the applicant seeking bail in
anticipation of his arrest in Case Crime No. 282 of 2024, under Sections
3/5A/8 of Prevention of Prevention of Cow Slaughter Act, and Section 11 of
Prevention of Cruelty to Animals Act, 1960, Police Station- Bariyarpur,
District- Deoria.
3. Contention of learned counsel for the applicant is that the applicant is the
owner of the vehicle bearing registration no. HR626544, and the same was
given to one Sant Lal on a contract basis and the same was also in his
possession, who used the aforesaid four-wheeler for transporting bovines,
and when the police checked the vehicle, several bovines were found
therein; it is further submitted that, despite repeated calls, Sant Lal did not
pick up the calls of the applicant, whereupon the applicant moved an
application dated 28.11.2024 to the S.H.O., Bhuna, District Fatehabad; it is
further submitted that the applicant is a resident of Haryana and has no
concern with the offence in question, and has been falsely implicated in the
present case merely on account of being the owner of the vehicle; therefore,
no case is made out against the applicant.
4. Learned A.G.A. has opposed the prayer for anticipatory bail.
5. Thus, without expressing any opinion on the merits of the case and
considering the nature of accusations, gravity of offence and antecedents of
applicants, this Court is of the view that the applicant is entitled to get
NABAIL No. 3671 of 2026
2
anticipatory bail till submission of charge sheet under Section 193 BNSS as
per the Constitution Bench judgment of the Apex Court in the case of
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. In the event of arrest, the applicant Kuldeep involved in the aforesaid
crime be released on anticipatory bail on furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the investigating officer
concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police
officer as and when required;
(ii) The applicant shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave India without the previous permission of
the Court;
(iv) The applicant shall not tamper with the prosecution evidence by
intimidating/ pressurizing the witnesses, during the investigation.
(v) The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
(vi) At the time of releasing the applicant on anticipatory bail, after
verification, the concerned Investigating Officer shall also record the
Aadhaar number, WhatsApp number, e-mail ID, and mobile number of the
applicant, and the same shall be uploaded on CCTNS, as per Rule 8 of the
Uttar Pradesh Electronic Processes (Issuance, Service and Execution) Rules,
2026.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of anticipatory bail.
8. With the aforesaid observations/directions, application stands disposed of.
(Arun Kumar Singh Deshwal,J.)
April 20, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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