HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1501 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. 344 of 2024 under Section 3/5ka/8 Cow Slaughter Prevention Act, and Under section 11 The Prevention of Cruelty to Animal Police Station Dalmau, District Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that on 24.11.2024, the accused persons were transporting twenty-nine cow progeny in a closed-body truck (canter) purportedly for the purpose of slaughter. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no previous criminal history; the alleged offences are triable by a Magistrate; and no recovery has been effected from his possession. The name of the applicant has surfaced only in the confessional statement of a co-accused recorded in police custody. It is further submitted that no carcass of any animal has been found, and the provisions of Sections 3(5)(ka) and 8 of the Cow Slaughter Act are inapplicable as the essential ingredients of the said provisions are not fulfilled. Versus Counsel for Applicant(s) : Shailendra Kumar Mishra, Aiyyaz Mansuri, Krishna Kant Yadav Counsel for Opposite Party(s) : G.A. Faim Ahmad @ Faeem Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned AGA has opposed the bail applicant, however, could not dispute the above stated facts. Considering the overall facts and circumstances of the case, particularly the fact that the applicant has no criminal antecedents, the alleged offences are triable by a Magistrate, he is not named in the F.I.R. and his name has appeared only in the confessional statement of a co-accused, coupled with the fact that no recovery has been made from him, and in view of the undertaking given on his behalf to cooperate with the trial, this Court is of the considered view that the applicant is entitled to the benefit of anticipatory 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 cooperation during the course of 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 14, 2025 R.C. NABAIL No. 1501 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench