BAIL/15581/2026 of SHAILENDRA YADAV Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15581 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 25 of 2026,  under Sections 3/5A/5B/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 109 (1) of B.N.S., Police Station Kandawa, District Chandauli, during the pendency of trial. 3. It is argued by the learned counsel for the applicant that applicant was neither arrested on the spot nor any recovery of cow was made from his possession. There is criminal history of one case being, Case Crime No. 64 of 2025, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Saiyadraja, District Chandauli, which has been explained in para no. 17 of the affidavit. In the aforesaid case, he has already been released on bail by this Court vide order dated 19.06.2026 passed in Criminal Misc. Bail Application No. 18822 of 2025, copy of the bail order has been annexed as Annexure no. 3 to this affidavit.  There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 13.04.2026 and in case he is released on bail, he will not misuse the liberty of bail. 4. Per contra, learned AGA, however, opposed the prayer for bail. Versus Counsel for Applicant(s) : Arunesh Datta, Devendra Mani Tripathi Counsel for Opposite Party(s) : G.A. Shailendra Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 5. As far as the merit of the present case is concerned, applicant was not arrested at spot and no recovery was made from his possession and it appears that on the basis of statements of co-accused, who were arrested at spot, he was made accused in the present matter. 6. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 8. Let the applicant- Shailendra Yadav be released on bail in the aforesaid case on furnishing a personal bond and  two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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  any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 9. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the  bail of the applicant. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 7, 2026 T.S. BAIL No. 15581 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad