HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 95 of 2023 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned Counsel for the applicants and learned A.G.A. for the respondent State. The applicants have moved the present application praying for grant of anticipatory bail in case crime No.205 of 2022 under sections 3/5/8 of Prevention of Cow Slaughter Act and under section 11(1) of Animal Cruelty Act, P.S. Thangaon, district Sitapur. This Court while giving interim protection has passed the following order on 16.1.2023:- "The present bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.205 of 2022 under sections 3/5/8 of Prevention of Cow Slaughter Act and under section 11(1) of Animal Cruelty Act, P.S. Thangaon, district Sitapur. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Learned counsel for the applicant submits that as per prosecution case, truck in question was found at 10.30p.m. at the place of occurrence. Inside the truck, one bull and two cows were found badly tied. No one was found on the spot. Learned counsel for the applicants submits that after fourteen days of the incident, names of the applicants have been taken by Bihari Lal and Versus Counsel for Applicant(s) : Narendra Gupta Counsel for Opposite Party(s) : G.A. Jumman Khan And 3 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) Bharat who are residents of the same village which causes a doubt on the prosecution story. Since these witnesses were residents of the same village, there was no reason to keep silence for such a long time. This shows false implication of the applicants. The applicants have no criminal history. Learned counsel for the applicants undertakes that the applicants shall cooperate in the investigation. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 13.2.2023. Considering the above aspects of the matter, perusal of the record, delay in recording statement of the witnesses of the same village on the basis of which the applicants have been made accused, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicants Jumman Khan, Hasim Khan, Saleem Khan and Akbar Khan alias Maiku shall be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicants shall cooperate in the investigation and they will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." Learned counsel for the applicants has submitted that in compliance of order extracted above, the applicants have filed bonds before the Investigating officer and the applicants have cooperated in the investigation and not misused the liberty of interim anticipatory bail. It is submitted that the applicants undertake to cooperate in the investigation. ABAIL No. 95 of 2023 2 Learned A.G.A. could not dispute the fact that the applicants have cooperated in the investigation and have not misused the liberty of interim anticipatory bail. Considering the interim protection granted vide order extracted above which has not been misused by the applicants, undertaking that the applicants shall cooperate in the investigation, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. The application is allowed accordingly. October 29, 2025 Madhu D.R/P.S ABAIL No. 95 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench