Allahabad High Court
KUSH KUMAR @ NIRAHU @ BHARAT AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The court granted anticipatory bail, holding that the mere mention in a co-accused's confession without direct evidence does not warrant denial of bail.
Summary
The applicants, brothers with prior convictions under the U.P. Cow Slaughter Act, sought anticipatory bail under Section 482 of the CrPC in a case involving the alleged transport of four cows for slaughter. The police had seized a vehicle, arrested a co-accused, and recovered the cows, and the co-accused’s confessional statement named the applicants, though no direct evidence linked them to the crime. The State opposed bail, arguing the applicants were repeat offenders and might be needed for custodial interrogation. The court observed that the only link was the confession and there was no direct material such as meat or carcass recovered, and therefore found no justification to deny bail. Consequently, the court granted anticipatory bail with standard conditions, emphasizing that the order was limited to the bail application and not an opinion on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the applicants is a co-accused's confessional statement.
- Whether the applicants' prior convictions under the U.P. Cow Slaughter Act preclude the grant of anticipatory bail.
- Whether the pending investigation and the need for custodial interrogation justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Prevention of Animal Cruelty Act — s. 11
- U.P. Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- anticipatory bail
- Section 482 CrPC
- U.P. Cow Slaughter Act
- Prevention of Animal Cruelty Act
- confessional statement
- repeat offender
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9640 of 2026
Kush Kumar @ Nirahu @ Bharat And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dev Kumar Yadav, Mohd. Naushad
Siddiqui
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, 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
applicants in Case Crime No. 179 of 2026, under Sections 3/5A/5B/8 of U.P.
Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act,
Police Station- Saiyadraja, District Chandauli, with a prayer to enlarge them
on anticipatory bail as the applicants apprehend their arrest in the above-
mentioned case.
3. Learned counsel for the applicants has contended that the police detained
a vehicle being UP 65 CT 5173 and arrested one accused Suni Lal and from
his possession, four cows, which were supposedly being taken for slaughter,
were recovered. In the confessional statement of co-accused, the name of the
applicants has surfaced. The applicants are not the owners of the vehicle in
question. They have only been implicated by the police as they have
criminal history of cases under the Cow Slaughter Act. The applicant no. 1
has a criminal history of one case and applicant no. 2 has a criminal history
of two cases. The applicants are brothers and have been implicated in the
present case only due to police action. The applicants are on bail in previous
cases.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail
and has submitted that the name of the applicants has been disclosed in the
statement of co-accused and the investigation is still pending and the
applicants may be required for custodial interrogation. Learned A.G.A.
further submitted that applicants are on regular bail in similar cases under
the U.P. Cow Slaughter Act and being repeat offenders, may not be
NABAIL No. 9640 of 2026
2
considered for bail grant of anticipatory bail.
6. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
7. The applicants' names have figured in the F.I.R. on the confession of the
co-accused Sani Lal. The vehicle which was carrying the four cows does not
belong to the applicants. Except the confessional statement of the co-
accused, that does not appear to be any direct evidence of the applicants'
involvement in the crime in question. No meat or carcass has been recovered
from the vehicle in question.
8. 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 applicants on anticipatory bail.
9. In view of the above, the anticipatory bail application of the applicants is
allowed.
10. In the event of the arrest of the applicants -Kush Kumar alia Nirahu
alias Bharat and Sonu, they 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 applicants shall make themselves available for interrogation by a police
officer as and when required;
ii. that the applicants 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 them from disclosing such facts to the Court or to any police
officer;
iii. that the applicants shall not leave India without the previous permission
of the Court;
iv. that the applicants shall not pressurize/intimidate the prosecution witness;
11. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
12. 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
Sartaj
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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