Allahabad High Court
MD. BABUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail with a four‑week condition to apply for regular bail and stayed all non‑bailable warrants against the applicant.
Summary
The applicant, Md. Babu, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case (Crime No.259 of 2016) filed under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act. He feared arrest and sought interim protection to appear before the trial court and apply for regular bail. The State’s Additional Government Advocate raised no objection to the prayer. The High Court allowed the anticipatory bail, directing that the applicant must appear before the trial court within four weeks and apply for regular bail, which shall be decided expeditiously and without prejudice from any earlier refusal. The court also stayed the execution of all non‑bailable warrants against the applicant for the same four‑week period and disposed of the application.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 CrPC in a case under the U.P. Prevention of Cow Slaughter Act?
- Whether the applicant should be allowed a stay on non‑bailable warrants pending regular bail application?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- anticipatory bail
- Section 482 CrPC
- non‑bailable warrant
- U.P. Prevention of Cow Slaughter Act
- criminal procedure
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8650 of 2026
Md. Babu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Bajpai
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.259 of 2016, under Sections 3/5/8 of U.P.
Prevention of Cow Slaughter Act, Police Station – Jahanabad, District
Fatehpur, with a prayer to enlarge him on anticipatory bail, as the
applicant apprehends his arrest in the aforesaid case.
3. After some arguments, the Learned counsel for the applicant prays that
the applicant may be permitted to appear before the concerned Court and
apply for regular bail. The Learned counsel further states that the
applicant may be granted some interim protection to appear before the
concerned Court and apply for bail.
4. The Learned A.G.A. has no objection to the said prayer.
5. The prayer so made by the Learned counsel for the applicant is
allowed. It is provided that in case the applicant appears before the
concerned Court within a period of four weeks from today and applies for
regular bail in the aforesaid case crime, his application for bail shall be
considered and decided expeditiously in accordance with law, without
being influenced by any observations made by the concerned Sessions
Court while refusing to grant anticipatory bail to the applicant.
NABAIL No. 8650 of 2026
2
6. For a period of four weeks from today, the execution of non-bailable
warrants issued against the applicant shall remain stayed.
7. With the aforesaid observations/directions, this application stands
disposed of.
(Rajiv Lochan Shukla,J.)
September 9, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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