Neutral Citation No. - 2025:AHC-LKO:22938 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 355 of 2025 Applicant :- Mohd. Mushlim Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt. Lko And Another Counsel for Applicant :- Arti Shukla 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 opposite party no.1. 3. In view of order being passed, notices to opposite party no.2 stand dispensed with. 4. First bail application has been filed with regard to F.I.R.No.033 of 2025 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Baldirai, District Sultanpur. 5. As per contents of first information report, the incident is said to have taken place on 14.02.2025 when a police party acting upon a tip off by a police informer raided a particular place and allegedly recovered cattle from applicant and co-accused. 6. It has been submitted that applicant has been falsely implicated in the charges levelled against him and in fact the cattle even as per contents of F.I.R. were alive and well at the time of raid. It is submitted that applicant was neither apprehended from the spot nor is there any recovery from him. It is submitted that previous criminal history of applicant has been explained in affidavit and in supplementary affidavit filed in support of the bail application. 7. Learned Additional Government Advocate has opposed anticipatory bail with submission that contents of F.I.R. clearly indicate complicity of applicant in the charges levelled against him. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, it is evident from a perusal of F.I.R. that the cattle allegedly recovered by police team was alive and well and therefore the aspect of U.P. Prevention of Cow Slaughter Act being applicable would be a subject matter of evidence. The applicant does not appear to have been apprehended from the spot nor is there any recovery from him. Previous criminal history has been explained. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C./482 BNSS. 9. In view of above, anticipatory bail is granted to applicant providing that in the event of arrest, applicant Mohd Mushlim shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of arresting officer/I.O./S.H.O. concerned subject to following conditions:- 10. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. 11. In case of default, it would be open for the investigating agency to move application for vacation of this order. 12. The application as such stands disposed of. Order Date :- 23.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench