Tausheef Vs State of U.P. Thru. Prin. Secy. Home Lko — Anticipatory Bail | Allahabad HC (2025)

Tausheef Vs State of U.P. Thru. Prin. Secy. Home Lko — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Tausheef: in the event of arrest in Case Crime number 28 of 2025 (Sections 3, 5, 8 U.P Prevention of Cow Slaughter Act, 1955 and Section 11 Prevention of Cruelty to Animals Act, 1960, P.S Kakori, District Lucknow), release on a personal bond with two sureties each in the like amount, subject to conditions of reporting to the investigating officer within ten days, cooperation in investigation, non-influence of witnesses, presence when called by arresting officer/I.O./S.H.O., and not leaving India without previous permission of the Court.

Issue for consideration

Whether the applicant Tausheef, named in Case Crime No. 28 of 2025 (P.S. Kakori, District Lucknow) under Sections 3, 5, 8 U.P Prevention of Cow Slaughter Act, 1955 and Section 11 Prevention of Cruelty to Animals Act, 1960, with a stated criminal history of three cases and no recovery from him, is entitled to anticipatory bail under Section 482 BNSS. +1 more

Court's answer

On due consideration (offence triable by a Magistrate; criminal history of three cases explained in paragraph-22 of the bail application; no recovery from the applicant; applicant's undertaking to cooperate with the investigation), the Court formed the considered opinion that the applicant is entitled to be granted anticipatory bail.

Ratio / Principle

Anticipatory bail was granted in light of the Hon'ble Supreme Court judgment in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1.

Key takeaways

The grant of anticipatory bail was expressly made subject to the applicant's continued cooperation in the investigation.ratio¶18
In the event of arrest, the applicant shall be released on anticipatory bail in Case Crime number 28 of 2025, under Sections 3, 5, 8 U.P Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, P.S Kakori, District Lucknow.ratio¶20
Release is conditioned on furnishing a personal bond with two sureties each in the like amount, to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned (bond quantum not specified in the text).

Detailed headnote1 paragraphs

Anticipatory Bail Application (Section 482 BNSS) allowed. Applicant Tausheef figured in Case Crime No. 28 of 2025, P.S. Kakori, District Lucknow, under Sections 3, 5 and 8 of the U.P Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, following alleged recovery of 20 bulls from truck U.P 23 T 4711; no recovery was made from the applicant and his criminal history of three cases was explained in paragraph-22 of the bail application. The Court recorded that mere transportation of alive cow progeny from one place to another within the State is not an offence under Section 5(A) of the 1955 Act and, relying on Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, held the applicant entitled to anticipatory bail, subject to continued cooperation in the investigation: release on arrest on a personal bond with two sureties, report to the I.O. within ten days, cooperation in investigation, no influencing of witnesses, presence as and when called by the arresting officer/I.O./S.H.O., and no departure from India without previous permission of the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1751 of 2025

Tausheef

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko

	.....Opposite Party(s)
Counsel for Applicant(s)	: Rajan Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.

It is alleged in the prosecution case that from a truck bearing registration number U.P 23 T 4711, 20 bulls have been recovered which were being transported.

Learned counsel for the applicant submits that only on the basis of confessional statement of the vehicle owner, the name of the applicant has been dragged in the present case. The applicant was not arrested from the spot. He further submits that the applicant has criminal history of three cases, which has been explained in paragraph- 22 of the bail application. There is no recovery from the applicant and the allegation in the prosecution case is false.

It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation.

Learned A.G.A. has opposed the application and has submitted that the investigation is going on.

On due consideration of the facts that the offence is triable by a Magistrate, the applicant has explained criminal history of 3 cases in paragraph- 22 of the bail application, the fact that no recovery has been made from the applicant; the fact that mere transportation of alive cows progeny from one place to another within the state is not an offence under Section 5(A) of the U.P Prevention of Cow Slaughter Act, 1955.and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory

NABAIL No. 1751 of 2025

2

bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , subject to his continued cooperation in the investigation.

7. The application is allowed .

In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in Case Crime number 28 of 2025, Under Sections 3, 5, 8 U.P Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, P.S Kakori, District Lucknow, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

November 18, 2025 DiVYa

(Karunesh Singh Pawar,J.)

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench