Neutral Citation No. - 2025:AHC:78507 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39104 of 2024 Applicant :- Ramraj Bind Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nandan Singh,Kshitij Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, and learned A.G.A. for the State-respondent and perused the material available on record. 2. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.231 of 2024 under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act, Section 11 of Prevention of Animal Cruelty Act, at Police Station Alinagar, District Chandauli. 3. Learned counsel for the applicant submitted that according to prosecution version seven number of progeny of cow were recovered by police of P.S. Alinagar, District Chandauli headed by S.I. Arvind Kumar Sonkar, which were being transported by a pickup vehicle on secrete information. The driver and one person were sitting in a vehicle escaped after descending from the vehicle; one person got arrested on the spot who has disclosed his name as Ramraj Bind son of Munna Bind, R/o Shahbajpur, Police Station Chand, District Kaimur Bhabua (Bihar) and who is stated to be driver of the vehicle. 4. He next submitted that in fact accused applicant is owner of the vehicle and only for that reason he has been implicated in the case. The allegation against the applicant is that he was transporting progeny of cow. There is no allegation of slaughtering or recovery of beef against the accused applicant. The accused-applicant has falsely been implicated in the case. He is in jail custody since 15.09.2024. The accused/applicant undertakes to abide by the conditions of bail, if he be released on bail by order of this court. The applicant disowns recovery of any progeny of cow from his vehicle, in fact vegetables was being transported by the vehicle. 5. He lastly submitted that accused applicant has explained criminal history of one case apart from this case registered against him being being Criminal Misc. Bail Application No.42102 of 2024, in Case Crime No. 12 of 2024 under Sections 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animal Act and Section 429 of IPC, Police Station Alinagar, District Chandauli in which he has been enlarged on bail, and a copy of bail order has been filed as Annexure No.2 to the supplementary affidavit. 6. Per contra, learned A.G.A. opposed the prayer for bail and submitted that nine number of progeny of cow was being transported by the vehicle owned by the applicant and he was arrested on the spot. 7. Considering the rival submissions of the leaned counsel for the parties, and keeping in view the nature of offence, evidence, complicity of accused and quantum of punishment provided for the offence and the fact that accused/applicant is languishing in jail from 15.09.2024 and without expressing any opinion on the merits of the case this Court is of the view that accused/applicant has made out a case for bail. The bail application is allowed. 8. Let the accused/applicant,Ramraj Bind, who are involved in Case Crime No.231 of 2024 under Sections 3/5A/5B/8 of Cow Slaughter Act, Section 11 of Prevention of Animal Cruelty Act, at Police Station Alinagar, District Chandauli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad