Neutral Citation No. - 2025:AHC-LKO:49313 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 903 of 2025 Applicant :- Virendra Kumar Alias Birendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Arti Shukla, learned counsel for the applicant and Shri Manish Vikram Singh Chauhan, learned A.G.A. for the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.087 of 2023, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animal Act, registered at Police Station- Dostpur, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.04.2023 against four named persons, including the applicant, and some unknown persons, stating that on the basis of information received from Mukhbir, four persons were arrested while they were loading cow progenies in a truck by three smaller loader vehicles. Six cow progenies were loaded in the truck. 4. Learned counsel for the applicant has submitted that the applicant was the owner of one of the smaller loader vehicles but there is no allegation of any cow progenies being loaded in the applicant's vehicle. 5. In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. Learned A.G.A. has opposed the prayer of anticipatory bail on the ground that proceedings under Sections 82/83 of Cr.P.C. have been instituted against the applicant. 7. A supplementary affidavit has been filed by the applicant stating that the proceedings under Section 83 Cr.P.C. have been instituted against the applicant on 13.08.2025 whereas the applicant had already filed an application for anticipatory bail before the Session court on 07.08.2025 and after rejection of anticipatory bail, the applicant has approached this Court. 8. The applicant, after rejection of his anticipatory bail before the Session court, has sought anticipatory bail before this Court and the subsequent issuance of proceedings under Sections 82/83 Cr.P.C. will not bar maintainability of the anticipatory bail application of the applicant. 9. Having considered the facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely because his vehicle was recovered by the police; that the F.I.R. does not allege that no any cow progenies were loaded in the applicant's vehicle, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 22.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench