Allahabad High Court
PHOOLMATI DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court allowed the anticipatory bail application with conditions.
Summary
The High Court of Allahabad considered an anticipatory bail application filed by Phoolmati Devi under Section 482 of the CrPC in connection with a case registered under Sections 3, 5A, 5B and 8 of the Prevention of Cow Slaughter Act. The applicant claimed innocence, stating that the cows were recovered from a vehicle he owned and pledged to cooperate with the investigation. The State opposed the bail, invoking the seriousness of the offence. Relying on the principles laid down in Siddharam Satlingappa Mhetre v. State of Maharashtra, the Court examined the nature of the accusation, the applicant’s antecedents, flight risk and possibility of tampering with evidence. Finding that the criteria for granting anticipatory bail were satisfied, the Court allowed the application subject to a personal bond of Rs. 50,000 and four sureties, imposing conditions of appearance, non‑tampering, non‑inducement, cooperation and restriction on leaving India.
Issues considered
- Whether anticipatory bail should be granted to the applicant under Section 482 CrPC in a case under the Prevention of Cow Slaughter Act
- Whether the applicant poses a risk of fleeing, tampering with evidence or influencing witnesses
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- anticipatory bail
- Section 482 CrPC
- Prevention of Cow Slaughter Act
- flight risk
- tampering with evidence
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 2330 of 2026
Phoolmati Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ratnesh Kumar Jaiswal
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Mr. Ratnesh Kumar Jaiswal, learned counsel for the applicant, Mr.
O.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. 210 of 2025, under Sections 3/5A/5B/8 of Prevention of Cow
Slaughter Act, Police Station Syed Raza, District Chandauli, 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 said to be owner of a vehicle from which alive
cows 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 AGA has opposed the prayer for anticipatory
bail.
5. 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
NABAIL No. 2330 of 2026
2
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.
6. 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.
7. The anticipatory bail application is allowed.
8. In the event of arrest of the applicant- Phoolmati Devi 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 misuse the
liberty of bail.
(iv) The applicant shall not leave India without prior permission of the Court
concerned.
9. 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.
(Jitendra Kumar Sinha,J.)
March 19, 2026
Virendra
Digitally signed by :-
VIRENDRA KUMAR BHARTEEY
High Court of Judicature at Allahabad
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