Allahabad High Court
MUMTAJ @ ARIF KHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted anticipatory bail to the applicant under Section 482 CrPC.
Summary
The High Court considered an anticipatory bail application filed under Section 482 CrPC for Mumtaj @ Arif Khan, who was named in an FIR under Sections 3, 5A, 5B and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act for allegedly transporting sixty heads of cattle for slaughter. The applicant argued that he was not arrested at the scene, no carcasses were recovered, and that he was falsely implicated because of his prior cases under the same Act. The State opposed bail, highlighting the applicant’s history of twelve criminal cases, many relating to cow slaughter, and a pending prosecution under the Gangsters Act. The Court noted the lack of arrest, absence of seized meat, and the possibility of false implication, and held that these factors justified granting anticipatory bail despite the applicant’s past record. Accordingly, the Court ordered that the applicant be released on bail if arrested, subject to a personal bond, surety, and specific conditions, and warned that breach could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted under Section 482 CrPC in a case arising under the Uttar Pradesh Prevention of Cow Slaughter Act.
- Whether the applicant’s prior criminal history and pending prosecution under the Gangsters Act preclude the grant of anticipatory bail.
- Whether the fact that the applicant was not arrested at the scene and no cattle carcasses were recovered affects the bail decision.
- Whether the applicant may have been falsely implicated due to his past cases.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Uttar Pradesh Gangsters Act
- Uttar Pradesh Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- anticipatory bail
- Section 482 CrPC
- cow slaughter
- false implication
- bail conditions
- criminal history
- Uttar Pradesh Prevention of Cow Slaughter Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9406 of 2026
Mumtaj @ Arif Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kalp Dev Mishra, Vivek Swami
Counsel for Opposite Party(s) : G.A.
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
NABAIL No. 9406 of 2026
2
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;
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3
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
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
RAVINDRA KUMAR SINGH
High Court of Judicature at Allahabad
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