Neutral Citation No. - 2025:AHC:13097 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42837 of 2024 Applicant :- Lalbabu Kharwar Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Umesh Chandra Yadav, learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0181 of 2024, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 & Section 11 Prevention of Cruelty to Animals Act, Police Station Saiyadraja, District Chandauli. Learned counsel for applicant submits that co-accused Akhilesh Alias Akhlesh and Ankit Yadav Alias Om Shakti Yadav, have been enlarged on bail by Co-ordinate Bench of this Court vide order dated 12.11.2024, 27.11.2024 passed in Criminal Misc. Bail Application No.-41543 of 2024 and 42688 of 2024. Applicant was driver of the vehicle rather. No recovery of cow meat has been made by the prosecution in this case neither any weapon of slaughtering has been recovered. Offence is triable by the magistrate. Applicant is in jail since 16.10.2024. He seeks parity with the bail order of co-accused. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that applicant is languishing in jail since 16.10.2024, offence is triable by the magistrate, co-accused Akhilesh Alias Akhlesh, Ankit Yadav Alias Om Shakti Yadav have already been granted bail earlier by this Court, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Lalbabu Kharwar be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 of the Indian Penal Code. (vi) 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. is issued and the 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 of the Indian Penal Code. Order Date :- 23.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad