Neutral Citation No. - 2025:AHC-LKO:21010 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 318 of 2025 Applicant :- Saurabh Mishra Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Santosh Kumar Srivastava,Ankit Kumar Porwal Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party No.1-State and perused the record. Notice to opposite party No.2 stands dispensed with. This first bail application has been filed with regard to Case Crime No. 200 of 2024 under Sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Animal Cruelty Act, 1960, Police Station Malipur, District Ambedkar Nagar. As per contents of FIR, police team is said to have intercepted a pickup truck bearing No. UP45AT2461 with live cattle on Ist August, 2024. The pickup allegedly was driven by the applicant. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which would be evident from the fact that F.I.R. has been lodged against unidentified persons and applicant's name has been included in the course of investigation on the basis of statement of the owner of the pickup. It is submitted that even otherwise the aspect of live cattle having been recovered from pickup without any allegation or evidence of being taken for slaughtering would not invoke the provisions of Cow Slaughter Act. It is submitted that applicant is ready to cooperate during course of investigation and does not have any previous criminal history. Learned A.G.A. has opposed bail application with submission that applicant's name has been included during course of investigation on the statement of owner of the pickup indicting the applicant as the driver. It is however admitted that applicant does not have any previous criminal history. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence collected during investigation, it appears that applicant has not been apprehended from the spot and his name has been included in the investigation on the basis of statement of owner of the pickup. He does not have any previous criminal history. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Saurabh Mishra shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands disposed of. Order Date :- 15.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench