NABAIL/2375/2026 of BIHARI Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2375 of 2026 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Suneel Thekma, learned counsel for the applicant, Mr. Shiv Dutt Shukla, 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. 22 of 2026, under Sections 319(2), 318(4), 336(3), 340(2) of B.N.S. And Sections 3, 5 ए, 8 of Prevention of Cow Slaughter Act, And Section 11 of Prevention of Animal Cruelty Act, Police Station- Lalganj, District- Mirjapur, 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 owner of the vehicle from which, nine alive bulls are said to have been recovered. 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. 4. On the other hand, learned A.G.A. has opposed the Versus Counsel for Applicant(s) : Deeksha Gupta, Suneel Thekma Counsel for Opposite Party(s) : G.A. Bihari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application for anticipatory bail. 5. As per first information report, the applicant is said to be the owner of the vehicle from which, nine alive bulls are said to have recovered. 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- Bihari involved in the aforesaid case crime shall be released on anticipatory bail 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 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 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 NABAIL No. 2375 of 2026 2 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. March 19, 2026 Rama Kant NABAIL No. 2375 of 2026 3 (Jitendra Kumar Sinha,J.)