Neutral Citation No. - 2025:AHC-LKO:20193 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 377 of 2025 Applicant :- Munnauwar @ Ata Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sumit Chauhan,Ashutosh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 13 of 2022 under Section 379 IPC and 3/5/8 Prevention of Cow Slaughter Act, Police Station Naveen Modern Police Thana, District Shravasti. 3. As per contents of First Information Report which has been lodged against unidentified persons, the informant's cow went missing on 04.03.2021 and the decapitated head was thereafter found by him on 05.03.2022. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against him. It is submitted that First Information Report has been filed against unidentified persons after more than one year of the alleged incident. He has adverted to the fact that there is no direct or indirect evidence against applicant nor any recovery from him and his previous criminal history has already been explained in paragraph-18 of the affidavit filed in support of application. 5. Learned AGA has opposed anticipatory bail application but does not dispute the aforesaid facts. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that FIR has been lodged after more than one year without any cogent explanation for same. They also does not appear to be any recovery from the applicant whose previous criminal history has already been explained in the affidavit filed in support of application. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 7. In view of the above, it is provided that in the event of arrest, the applicant -Munnauwar @ Ata Mohammad shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 8. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 9.. The application stands disposed of. Order Date :- 9.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench