HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10684 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 78 of 2023, under Sections 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Saiyat Raja, District Chandauli, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Vide order dated 25.09.2023 the applicant was granted interim anticipatory bail till the next date of listing. 4. Learned counsel for the applicant submits that the F.I.R. was lodged in unknown. The applicant was not arrested on the spot. Neither he is owner nor driver of the alleged vehicle nor in which two cows progeny were being transported. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. The charge sheet has been filed in the matter on 26.10.2023. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Versus Counsel for Applicant(s) : Amarnath Tripathi Counsel for Opposite Party(s) : G.A. Rohit Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. The anticipatory bail application is rejected, leaving it open for the applicant to apply for bail before the court concerned. September 16, 2025 Mustaqeem. ABAIL No. 10684 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad