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Allahabad High Court

TAIYABversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court granted anticipatory bail with a condition that the applicant apply for regular bail within four weeks and stayed all non‑bailable warrants during that period.

Summary

The applicant, Taiyab, filed an anticipatory bail application under Section 482 of the CrPC in a case (Crime No.69 of 2018) filed under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act, fearing arrest. The applicant sought interim protection to appear before the Sessions Court and apply for regular bail, while the State raised no objection. The High Court allowed the prayer, directing that the applicant must appear before the concerned court within four weeks and file a regular bail application, which will be decided expeditiously and without prejudice to any earlier observations of the Sessions Court. The Court also stayed the execution of all non‑bailable warrants issued against the applicant for a period of four weeks. The anticipatory bail application was therefore granted with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the U.P. Prevention of Cow Slaughter Act.
  • Whether the execution of non‑bailable warrants should be stayed pending regular bail application.
  • Whether the anticipatory bail can be conditioned on the applicant applying for regular bail within a specified period.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • non‑bailable warrant
  • U.P. Prevention of Cow Slaughter Act
  • regular bail
  • stay of warrant

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9331 of 2026

Taiyab
                                                             .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)                   :   Rizwan Ullah Siddiqui
Counsel for Opposite Party(s)              :   G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Supplementary affidavit on behalf of the applicant, filed today in Court,
is taken on the record.

2. Heard Learned counsel for the applicant; and Learned A.G.A. for the
State.

3. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.69 of 2018, under Sections 3/5/8 of U.P.
Prevention of Cow Slaughter Act, Police Station – Badgown, District
Saharanpur, with a prayer to enlarge him on anticipatory bail, as the
applicant apprehends his arrest in the aforesaid case.

4. 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.

5. The Learned A.G.A. has no objection to the said prayer.

6. 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
                                                                                      NABAIL No. 9331 of 2026
                                                                 2


                                    being influenced by any observations made by the concerned Sessions
                                    Court while refusing to grant anticipatory bail to the applicant.

                                    7. For a period of four weeks from today, the execution of non-bailable
                                    warrants issued against the applicant shall remain stayed.

                                    8. With the aforesaid observations/directions, this application stands
                                    disposed of.



                                                                                  (Rajiv Lochan Shukla,J.)
                                    October 1, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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