Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189011 (ALL)

TAUSHEEF v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

NABAIL/1751/2025 · 2025-11-18

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1751 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2. It is alleged in the prosecution case that from a truck bearing registration number U.P 23 T 4711, 20 bulls have been recovered which were being transported. 3. Learned counsel for the applicant submits that only on the basis of confessional statement of the vehicle owner, the name of the applicant has been dragged in the present case. The applicant was not arrested from the spot. He further submits that the applicant has criminal history of three cases, which has been explained in paragraph- 22 of the bail application. There is no recovery from the applicant and the allegation in the prosecution case is false. 4. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. 5. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. 6. On due consideration of the facts that the offence is triable by a Magistrate, the applicant has explained criminal history of 3 cases in paragraph- 22 of the bail application, the fact that no recovery has been made from the applicant; the fact that mere transportation of alive cows progeny from one place to another within the state is not an offence under Section 5(A) of the U.P Prevention of Cow Slaughter Act, 1955.and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory Versus Counsel for Applicant(s) : Rajan Singh Counsel for Opposite Party(s) : G.A. Tausheef .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , subject to his continued cooperation in the investigation. 7. The application is allowed. 8. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in Case Crime number 28 of 2025, Under Sections 3, 5, 8 U.P Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, P.S Kakori, District Lucknow, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- 9. The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. November 18, 2025 DiVYa NABAIL No. 1751 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench