HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9406 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 172 of 2026, under Sections 3/5A/5B/8 of UP Prevention of Cow Slaughter Act, P.S. Bhanwarkol, District Ghazipur, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned counsel for the applicant has contended that although the applicant is named in the FIR, he was not arrested on the spot. The allegation is of transporting sixty heads of cattle for the purpose of slaughter through two boats. It is further contended that the police has falsely nominated the applicant in the case due to the fact that the applicant has certain criminal cases pertaining to Cow Slaughter Act. Infact, due to a flood, the cattle were being transported by the villagers and some of the cattle were handed over to the villagers by the police and some were sent to Gaushala . It is further submitted that it is only due to police action that the applicant has been implicated. He is not previous convict and will co-operate with the investigation and the trial, if any. 4. Learned AGA has opposed the prayer for bail and has Versus Counsel for Applicant(s) : Kalp Dev Mishra, Vivek Swami Counsel for Opposite Party(s) : G.A. Mumtaj @ Arif Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) contended that the applicant has criminal history of 12 cases, in which most of the cases pertain to the Cow Slaughter. The applicant is also being prosecuted under the Gangsters Act being repeat offenders, he may not be considered for grant of bail. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicant, although named in the FIR; was not arrested from the spot; and no meat or carcass was recovered from the boats, in which cattle were allegedly being transported. The police has also released some of the cattle in favour of the villagers as mentioned in the FIR. The contention of the applicant that he may have been falsely implicated on account of having criminal history of similar nature by the police cannot be ruled out. 7. Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. In the event of the arrest of the applicant- Mumtaj @ Arif Khan, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 him from disclosing such facts to the Court or to any police officer; iii. that the applicant shall not leave India without the previous permission of the Court; NABAIL No. 9406 of 2026 2 iv. that the applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. October 1, 2026 RavindraKSingh NABAIL No. 9406 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad