Neutral Citation No. - 2025:AHC-LKO:49360 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 911 of 2025 Applicant :- Mohd.Siraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar, the learned counsel for the applicant as well as Sri Diwakar Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0138 of 2023, under Sections 3/5ka/8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, registered at Police Station Masauli, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 23.05.2023 against (i) Manoj Kumar Mahto, and (ii) Mohd. Dulal stating that on the basis of an information received from a mukhbir a truck was intercepted. Both the accused persons sitting in the truck was taken into custody and upon opening the truck it was found that 20 cow progenies were loaded in the truck. The accused persons confessed that they were transporting the cow progenies to Bihar. 4. In the statement of the informant he merely reiterated the F.I.R. version and in the additional statement of the informant Sub Inspector recorded on 26.05.2023 he stated that when the truck was intercepted its driver and two other persons had escaped and he had not made its mention in the recovery memo. Thereafter, the police has approached for arresting the applicant. 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. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the applicant is a resident of Bihar and in case is he granted anticipatory bail he might evade participating in the investigation and trial. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged by a Sub Inspector of Police and he has reiterated the F.I.R. version in his statement recorded by the Investigating Officer; in the additional statement the informant Sub Inspector has modified his version stating that the driver and two other persons sitting in the truck had escaped and in this statement the applicant has not been named yet the police is trying to arrest him coupled with the fact that the applicant has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Mohd.Siraj before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 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. . (Subhash Vidyarthi, J.) Order Date :- 22.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench