Kunwarpal and Another Vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime no. 59 of 2024, under Section 5 Kha Cow Slaughter Act, 1955 and 3/11 Anilmal Cruelty Act, 1960, Police Station Sikhera, District Muzaffar Nagar with the prayer that in the event of arrest, applicants may be released on bail.

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It is contended by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicants. It is further submitted that as per the FIR large number of cow and bulls were loaded in a small pick up due to which three cows and one bull died. It is further submitted that co-accused Mohit Kumar and Jitendra have already been granted anticipatory bail by this Court vide order dated 19.6.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 4645 of 2025 and other co-accused Madan Singh and Ran Singh have also been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.7.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 4651 of 2025. It is also submitted that applicants undertake to

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NABAIL No. 4650 of 2025

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cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the investigation and would obey all conditions of bail.

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On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect.

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I have considered the rival submissions made by learned counsel for the parties.

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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, the 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.

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Considering the allegations against the applicants and the facts that coaccused persons have already been granted anticipatory bail by this Court as well as by a co-ordinate Bench of this court and considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed .

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In the event of arrest of the applicants- Kunwarpal and Ravi Kumar involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 :-

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(i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the

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Court concerned;

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(ii) The applicants 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;

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(iii) The applicants would cooperate during trial and would not misuse the liberty of bail.

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(iv) The applicants shall not leave India without prior permission of the Court concerned.

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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 applicants herein.

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(Jitendra Kumar Sinha,J.)

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October 10, 2025

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Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Kunwarpal and Another v. State of U.P.

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