HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8017 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Prakhar Srivastava, learned counsel for the applicant, Shri J.P. Singh, 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.404 of 2024, under Sections 318(4), 325 of B.N.S. and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Bhojpur, District Moradabad, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the applicant is not named in the first information report and as per first information report, 250 kg of buffalo meat along with one buffalo calf was recovered by the police, in which, the applicant and other co- accused persons were travelling. It is further submitted that number plate of the said vehicle was also forged. It is further submitted that two co-accused have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 09.06.2025 and 19.09.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.2015 of 2025 and 7706 of 2025. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Prakhar Srivastava Counsel for Opposite Party(s) : G.A. Mohd Sameer .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. The applicant is not named in the first information report and as per first information report, 250 kg of buffalo meat along with one buffalo calf was recovered by the police, in which, the applicant and other co-accused persons were travelling. It is further submitted that number plate of the said vehicle was also forged. It is further submitted that two co-accused have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 09.06.2025 and 19.09.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.2015 of 2025 and 7706 of 2025. It is also submitted that the applicant is having criminal history of one case, in which, he has already been granted bail, which is explained in paragraph 22 of the memo of application. 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 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. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Mohd. Sameer involved in the aforesaid case crime shall be released on anticipatory bail on his 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (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 NABAIL No. 8017 of 2025 2 dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 13, 2025 RKM NABAIL No. 8017 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad