Neutral Citation No. - 2025:AHC:29809 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40711 of 2024 Applicant :- Nusarat And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1.Rejoinder affidavit has been filed by applicants, which is taken on record. 2. Heard Shri Ashok Kumar Yadav, learned counsel for the applicants and learned A.G.A. for the State. 3. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicants with the prayer to enlarge them on bail in Case Crime No.251 of 2024, under Sections 3/5A/5B/8 of the Cow Slaughter (Prevention) Act, Section 11 of Cruelty of Animals (Protection) Act and Section 325 B.N.S., P.S. Alinagar, District Chandauli. 4. In the prosecution case it is alleged that while the informant was busy in patrolling on 30.09.2024 on the basis of information received by the secret informer that some smugglers of cow progeny are taking the cows to West Bengal via Bihar. On the basis of this information, the applicants were arrested from the spot. 5. Learned counsel for the applicants submits that transportation of cow is not an offence. There is no vehicle or another medium of transport. They have been falsely implicated in this case and have been booked in this case. In this case even there is no evidence of transportation of cows. The transportation of cows have been falsely shown to be transported. The offences are triable by magistrate. He submits that the applicants are in jail since 01.10.2024. It is specifically mentioned in paragraph 12 of the affidavit that applicant no.1 has criminal history of two cases. Applicants no.1 and 3 have criminal history of three other cases which has explained in paragraph no.2 to the supplementary affidavit. There is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 6. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts. 7. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 8. Let the applicants Nusrat, Shahid Ali and Lukman involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- i. The applicants will not tamper with the evidence during the trial. ii. The applicants will not pressurize/intimidate the prosecution witness. iii. The applicants will appear before the trial court on the date fixed, unless personal presence are exempted and/ or the applicants shall make themselves available for interrogation by a police officer as and when required. iv. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. v. 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 themselves from disclosing such facts to the Court or to any police officer or tamper with the evidence. vi. The applicants shall not leave India without the previous permission of the Court. vii. In the event, the applicants changes their residential address, the applicants shall inform the court concerned about new residential address in writing. 9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad