Allahabad High Court
SUBASH YADAV @ RAJKUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The applicant, Subash Yadav, sought anticipatory bail under CrPC Section 482 in a case involving alleged violations of the Uttar Pradesh Prevention of Cow Slaughter Act and the Arms Act. The police had recovered three animals alleged to be cows from a vehicle registered to a different person, and the co‑accused Arman's statement implicated the applicant, who is the vehicle's owner. The applicant has a prior criminal case but no conviction, and the State did not dispute his antecedents. The Court noted that a co‑accused, Rajesh Yadav, had already been granted anticipatory bail in a related matter and found no reason to deny bail to the applicant. Without expressing an opinion on the merits, the Court granted anticipatory bail subject to standard conditions, including cooperation with police and no intimidation of witnesses.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC to a person implicated in offences under the Uttar Pradesh Prevention of Cow Slaughter Act and the Arms Act.
- Whether the applicant's prior criminal case, though without conviction, bars anticipatory bail.
- Whether the grant of anticipatory bail to a co‑accused influences the decision on the applicant's bail.
Legislation cited
- Arms Act — s. 25, 4
- Code of Criminal Procedure — s. 482
- Uttar Pradesh Prevention of Cow Slaughter Act — s. 3, 5A, 8
Subjects
- anticipatory bail
- Section 482 CrPC
- cow slaughter law
- arms act
- bail conditions
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9538 of 2026
Subash Yadav @ Rajkumar
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Sadhana Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Mrs. Sadhana Dubey, the Learned counsel for the applicant, the Learned
A.G.A. for the State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the applicant in
Case Crime No.137 of 2026, under Sections 3/5A/8 of The Uttar Pradesh Prevention
of Cow Slaughter Act and Section 4/25 Arms Act, P.S.- Gahmar, District- Ghazipur,
with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest
in the above-mentioned case.
3. Learned counsel for the applicant has contended that three animals stated to be cow
or its progeny were recovered from a vehicle bearing registration number UP 61 BT
9053 and the co-accused Arman was arrested by the police. The name of the applicant
has surfaced in the statement of co-accused Arman. The applicant is stated to be the
owner of the vehicle in question, however, it is the version of the First Information
Report itself that the registered owner of the vehicle is one Sunil Yadav. Applicant has
a criminal history of one case but is not a previous convict.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail but does
not dispute the explanation given regarding criminal antecedents by the applicant.
5. I have considered the submissions made by the Learned counsel for the parties and
perused the material brought on the record.
6. The applicant was not arrested from the spot. Co-accused Rajesh Yadav whose
name has also been disclosed in the confession statement of the co-accused Arman has
NABAIL No. 9538 of 2026
2
been granted anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8882 of 2026. The
applicant is not a previous convict.
7. Taking into account all the facts and circumstances of the case and without
expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant
on anticipatory bail.
8. In view of the above, the anticipatory bail application of the applicant is allowed.
9. In the event of the arrest of the applicant Subash Yadav @ Rajkumar, he shall be
released forthwith in the aforesaid case crime on anticipatory bail on furnishing a
personal bond and surety each in the like amount to the satisfaction of the Station
House Officer of the police station/Court concerned with the following conditions:-
i. the applicant shall make himself available for interrogation by a police officer as and
when required;
ii. that 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. that the applicant shall not leave India without the previous permission of the
Court;
iv. that the applicant shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned shall be at
liberty to cancel the bail.
11. It is made clear that observations made hereinabove are exclusively for deciding
the instant anticipatory bail application and are not to be considered to be an opinion
on the merits of the case.
September 30, 2026
Sachin
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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