Alha Alias Shiv Kumar Yadav vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

Alha Alias Shiv Kumar Yadav vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted till 11.12.2025 in the event of arrest, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (no tampering with evidence, no inducement/threat/promise to witnesses, cooperation in trial, no leaving India without prior permission); in default, prosecution free to seek cancellation; learned AGA directed to seek instructions; case to be put up fresh on 11.12.2025.

Issue for consideration

Whether the applicant, Alha Alias Shiv Kumar Yadav, should be released on anticipatory bail in the event of arrest in Case Crime no. 1031 of 2008 under Sections 429 IPC, 3/5/8 of the Prevention of Cow Slaughter Act and section 11 of the Prevention of Cruelty to Animals Act, Police Station Devgaon Kotwali, District Azamgarh.

Court's answer

The applicant Alha Alias Shiv Kumar Yadav is to be released on interim anticipatory bail in the event of arrest on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, till 11.12.2025, subject to conditions: (i) not tampering with evidence and appearing before the trial Court on fixed dates unless exempted; (ii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police; (iii) cooperating during trial and not misusing the liberty of bail; and (iv) not leaving India without prior permission of the Court concerned.

Ratio / Principle

In default of any of the bail conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS – Case Crime no. 1031 of 2008, P.S. Devgaon Kotwali, District Azamgarh, under Sections 429 IPC, 3/5/8 of the Prevention of Cow Slaughter Act and section 11 of the Prevention of Cruelty to Animals Act – applicant's name surfaced in the confessional statement of four co-accused from whom four cows were allegedly recovered from a vehicle – Court, relying on Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 (nature and gravity of accusation, antecedents, possibility of flight, entire material and exact role to be considered), grants interim anticipatory bail till 11.12.2025 on personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions; AGA directed to seek instructions; matter to be listed fresh on 11.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9552 of 2025

Alha Alias Shiv Kumar Yadav

.....Applicant(s)

Versus

State Of U.P. And 2 Others

	.....Opposite Party(s)
Counsel for Applicant(s)	: Harendra Prasad Yadav
Counsel for Opposite Party(s)	: G.A.

Court No. - 72

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Sri H.P. Yadav, learned counsel for the applicant, Sri B.P. Maurya, learned counsel for the first informant and Sri S.D. Shukla, learned A.G.A. for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime no. 1031 of 2008 under Sections 429 IPC, 3/5/8 of Prevention of Cow Slaughter Act section 11 of Prevention of Cruelty to Animals Act, Police Station Devgaon Kotwali, District Azamgarh with the prayer that in the event of arrest, the applicant may be released on bail.

It is contended by learned counsel for the applicant that four cows are said to have been recovered from a vehicle in which four co-accused persons were travelling and name of the applicant has surfaced in their confessional statement.

On the other hand, learned A.G.A. submits that he has not received instructions in the matter as yet.

It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration.

NABAIL No. 9552 of 2025

2

Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicant Alha Alias Shiv Kumar Yadav in the event of his arrest, be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 11.12.2025 with the following conditions :-

(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(ii) 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/her/them from disclosing such facts to the Court or to any police officer;

(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicant shall not leave India without prior permission of the Court concerned.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

Put up this case as fresh on 11.12.2025.

In the meantime, learned AGA is directed to seek instructions in the matter.

November 26, 2025

Madhurima

(Jitendra Kumar Sinha,J.)

Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad