Allahabad High Court

REKHAversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: AVNISH SAXENA

Holding

The court granted anticipatory bail to the applicant, subject to a personal bond and specific conditions.

Summary

The High Court considered an anticipatory bail application filed under Section 482 of the BNSS by Rekha, who was implicated in a case under the Cow Slaughter Act (sections 3, 5A, 5B, 8) and the Animal Cruelty Act (section 11) for allegedly transporting ten cattle. The FIR was lodged on 5 April 2026 against her vehicle, which she had sold but not transferred, and no spot arrest had been made. The court examined the Supreme Court precedents on anticipatory bail, weighing factors such as the gravity of the accusation, the applicant's lack of criminal history, low flight risk, and willingness to cooperate with the investigation. Finding that the applicant posed no substantial threat to the investigation and had offered assurances, the court granted anticipatory bail with a personal bond and several conditions. The order also directed compliance measures for expeditious trial proceedings and maintenance of a register of anticipatory bail orders.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the BNSS in view of the nature of the offences under the Cow Slaughter Act and Animal Cruelty Act.
Whether the applicant poses a flight risk or a risk of tampering with evidence or witnesses.
Whether the applicant's cooperation with the investigation justifies the grant of anticipatory bail.

Legislation cited

Animal Cruelty Act — s. 11
BNSS — s. 482
Cow Slaughter Act — s. 3, 5A, 5B, 8

Subjects

anticipatory bail
Section 482
Cow Slaughter Act
Animal Cruelty Act
flight risk
bail conditions
investigation cooperation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 4300 of 2026

Rekha
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Ramkripal Yadav
Counsel for Opposite Party(s) : G.A.

Court No. - 71

HON'BLE AVNISH SAXENA, J.

1. Heard Sri Ramkripal Yadav, learned counsel for the
applicant and Learned AGA for the State.

2. The present anticipatory bail application under Section 482
of BNSS has been filed by the applicant with a prayer to
release him on anticipatory bail in Case Crime No. 98 of 2026,
under Section 3/5A/5B/8 Cow Slaughter Act, and Section 11 of
Animal Cruelty Act, P.S. Saiyadraja, District Chandauli during
pendency of the trial.

3. It is contended by learned counsel for the applicant that the
FIR is lodged by the police on 05.04.2026 against the vehicle
owned by the accused/applicant, which carried 10 cattle. No
spot arrest has been made. It is the contention of learned
counsel for the accused/applicant that she has no criminal
history. She has sold the vehicle to some Bihari, though the
vehicle has not been transferred in the name of subsequent
purchaser. The investigation is continuing. The applicant wants
to cooperate in the investigation but apprehending arrest.
Hence, seeks anticipatory bail.

4. Per contra learned A.G.A. has opposed the prayer for bail of
NABAIL No. 4300 of 2026
2

the applicant.

5. The scope of ambit of anticipatory bail is encapsulated in
three insightful judgments of Hon’ble Supreme Court right
from Gurubaksh Singh Sibbia Vs. State of Punjab reported
in (1980) 2 SCC 565, Siddharam Satlingappa Mhetre Vs.
State of Maharashtra reported in (2011) 1 SCC 694 and
Sushila Aggarwal and others Vs. State (NCT of Delhi) and
another reported in (2020) 5 SCC 1, wherein it is consistently
held by Hon’ble Apex Court that while granting anticipatory
bail, the Court should considering the application of the
applicant to evaluate the threat or apprehension of arrest vis-a-
vis the nature and gravity of accusation, criminal antecedent of
the accused, false or exaggerated implication, need of custodial
interrogation, willingness of the accused to cooperate in
investigation and trial and the conduct of the accused and flight
risk.

6. Considering that the accused/applicant has sold the vehicle,
which was apprehended by the police carrying the cattle.
Further this Court, while considering the gravity of accusation
and apprehension of arrest in the case vis-a-vis low flight risk
and assurance of the accused in cooperating with the
investigation and trial, is of considered view to grant
anticipatory bail.

7. The applicant- Rekha involved in the aforesaid case crime
shall appear before the trial court or the Investigating Officer as
the case may be within thirty days from the date of this order
and shall be released on bail on furnishing a personal bond of
Rs. 25,000/- with two sureties each in the like amount to the
satisfaction of the court concerned with following conditions :-

(i) 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 or tamper with the
evidence.
NABAIL No. 4300 of 2026
3

(ii) The applicant shall not pressurize/intimidate the
prosecution witnesses.

(iii) The applicant shall remain present, in person, before the
trial court on the dates fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of statement under
Section 351 of BNSS.

(iv) The applicant shall file an undertaking to the effect that
he/she shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on
each date fixed, either personally or through his counsel.

8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.

9. It is clarified that anything said in this order is limited to the
purpose of determination of this bail application and will in no
way be construed as an expression on the merits of the case.
The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led
unaffected by anything said in this order.

10. The below mentioned directions shall be complied with
for expeditious disposal of trial, in case charge sheet is
submitted against accused/applicant :-

10.1 As the investigation is continuing, in the event charge
sheet is submitted and cognizance is taken, it would be the duty
of the accused/applicant to appear before the trial court or
Magistrate concerned as the case may be without waiting for
the issuance of summons, within 60 days from the date of
cognizance or on the date fixed, which ever is earlier. So that
the trial may not be delayed for non execution of summons or
processes.

10.2 The District Judge concerned shall direct each Magistrate
NABAIL No. 4300 of 2026
4

and Special courts to maintain a register of Anticipatory Bail
orders granted by this Court, wherein the details of
Anticipatory Bail shall be entered. The dedicated official shall
be nominated in each Special court and Magistrate court for
maintaining the register.

10.3 The accused/applicant shall provide a copy of the final
order of anticipatory bail within 30 days, to the official
concerned in whose jurisdiction the case lies and shall provide
his complete contact details including the mobile number and
E-mail ID (if maintained); any change in detail shall be
informed by the applicant.

10.4 On the submission of charge sheet and cognizance taken,
the Presiding Officer shall fetch the details of the
accused/applicant and the dedicated official shall inform the
accused at the given detail.

May 5, 2026
Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad

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