HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1229 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.1125 of 2008 under section 307 I.P.C., P.S. Mohammadi, district Lakhimpur Kheri. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that on one incident, two crime numbers were registered. In case crime No.1125 of 2008, there was a stay order dated 24.10.2008 in favour of the applicant passed in Writ Petition No.9688(B/B) of 2008. He further submits that in case crime No.1126 of 2008 under sections 3/5/8 Cow Slaughter Act, the applicant has been acquitted vide order filed as Annexure-7 to the bail application. 4.The applicant has moved this anticipatory bail application in crime No.1125 of 2008 under section 307 I.P.C.. It is a case of no injury. The applicant was facing trial in crime No.1126 (supra) in the same court. There was no occasion for the applicant to have absconded. No one is injured. It is a case of false implication. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and submits that the trial under section 307 I.P.C. is cognizable by Court of Sessions whereas the offence under sections 3/5/8 of Cow Slaughter Act is triable by Magistrate. Therefore, the submission Versus Counsel for Applicant(s) : Jitendra Prakash Mishra Counsel for Opposite Party(s) : G.A. Ataurrahman .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) of learned counsel for the applicant that he was facing both the trials in the same court is mis-conceived. It is also submitted that the applicant after filing the charge sheet in the year 2008 is absconding. Cognizance has been taken on 4.4.2011 and since then the trial in the case is halted because of non-cooperation of the applicant. No case for anticipatory bail is made out. 6.I have considered the argument and find that the submission of learned AGA carries force. Both the trials cannot go simultaneously as the offence under Cow Slaughter Act is triable by Magisterial Court whereas the offence under section 307 is triable by Court of Sessions. I have also taken note of the fact that the incident is of 2008, cognizance was taken in the year 2008 and since then the applicant is absconding and the applicant has a criminal history of seven other cases. Thus, considering the conduct of the accused applicant as also the chequered criminal history, I am not inclined to grant indulgence in this case. 7.No case for anticipatory bail is made out. The application is accordingly dismissed. November 11, 2025 kkb/ ABAIL No. 1229 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench