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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8214 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Shamshad Ahmad, learned counsel for the applicant, Shri Ashish Kumar Tripathi, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.40 of 2020, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 3/11 of Prevention of Cruelty to Animal Act, Police Station Karchhana, District Prayagraj, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant has not been arrested on the spot. It is further submitted that as per first information report, two oxes and one cow have been allegedly transported by the applicant along with co-accused persons. It is further submitted that the charge sheet in this case has already been submitted. It is further submitted that the applicant having criminal history of one case, which has been explained in the memo of application. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. Versus Counsel for Applicant(s) : Shamshad Ahmad, Varsha Singh Counsel for Opposite Party(s) : G.A. Amar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. As per first information report, the allegation against the applicant is that the applicant has involved in the illegal transportation of two oxes and one cow for the purposes of slaughtering. The applicant escaped when the police intercepted their vehicle. Charge sheet in this case has already been submitted and the applicant is having criminal history of one case, which has been explained in the memo of application. 6.
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, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Amar Singh involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, 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. NABAIL No. 8214 of 2025 2
10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
October 9, 2025 RKM NABAIL No. 8214 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad