HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1203 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.-161/2016, Under Section- 3/5/8, Prevention of Cow Slaughter Act, Police Station : Pasgawan, District: Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. His name has surfaced only in the confessional statement of a co-accused recorded while in police custody. It is further submitted that although the FIR was lodged in the year 2016 and the investigation was completed in the same year, the charge sheet was filed in a casual manner after an inordinate delay of eight years, in 2024. The applicant has no previous criminal antecedents. It is also submitted that the applicant has cooperated during the course of investigation and undertakes to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application. Considering the facts that the applicant has no criminal history, the offences in question are triable by a Magistrate, and the charge sheet has already been filed, coupled with the fact that the applicant cooperated during investigation Versus Counsel for Applicant(s) : Surendra Kumar Mishra, Mohd. Shahid Akhtar Counsel for Opposite Party(s) : G.A. Salim @ Lala (As Per Rejection Order ) .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) and was not arrested therein, this Court is of the considered opinion that the applicant is entitled to the benefit of anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his continued cooperation during trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. October 31, 2025 R.C. ABAIL No. 1203 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench