HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 929 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Gyanendra Pathak, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned Additional Government Advocate appearing on behalf of the State and perused the records. Supplementary affidavit filed today in the court is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.161 of 2023, under Sections 5(A)/8 of Cow Slaughter Act, registered at Police Station Baundi, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.05.2023 alleging that a truck met with an accident at about 7.00 p.m. on 28.05.2023. About 20-22 cow progenies were loaded in the truck out of which three cows and a calf died and two cows got injured, rest of the cow progenies ran away. 4. The F.I.R. states that the driver (the applicant) of the truck was present on the spot and rest 3-4 persons had escaped and the informant took away the driver to the police station. 5. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 6. The Investigating Officer recorded statements of some persons who stated that the village Pradhan had instructed the applicant to transport the stray cattle to Gaushala Fakharpur and the truck met with an accident on the way. A certificate issued by the village Pradhan to this effect has been brought on Versus Counsel for Applicant(s) : Adarsh Kumar Tripathi, Gyanendra Pathak Counsel for Opposite Party(s) : G.A. Salman .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) record along with the supplementary affidavit. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 31.01.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant had taken the applicant to the police station at the time of lodging of F.I.R. yet the police had not arrested the applicant; that the Gram Pradhan and some villagers have given statements stating that the applicant was transporting stray cattle to a Gaushala under the instructions of Gram Pradhan 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. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Salman 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. August 27, 2025 Ram. ABAIL No. 929 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench