Neutral Citation No. - 2025:AHC:137388 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5808 of 2025 Applicant :- Barkat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Kumar Mishra,Ganesh Mani Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of Narendra Kumar Mishra (owner of the alleged vehicle no. UP51AT3505) produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 124 of 2025, under Sections 3/5A/8 of Cow Slaughter Act and Section 325 of B.N.S. as well as Section 11 of Prevention of Cruelty to Animals Act, Police Station- Tahbarpur, District- Azamgarh. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Narendra Kumar Mishra (owner of the alleged vehicle) in Police custody. The said statement, insofar as, it implicates the applicant is unreliable. False recovery of three live cows and twenty two dead cows has been shown from the alleged vehicle. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, the name of the applicant was disclosed by the co-accused Narendra Kumar Mishra (owner of the alleged vehicle) in Police custody, there is no independent witness to the alleged recovery, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Barkat Ali, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 13.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad