Neutral Citation No. - 2025:AHC:6443 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42761 of 2024 Applicant :- Shobhit Upadhyay Alias Susheel Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Amarjeet Yadav, learned counsel for the applicant and Shri Roshan Kumar Singh, learned AGA for the State-Respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shobhit Upadhyaya @ Susheel, seeking enlargement on bail in Case Crime No. 164 of 2024, under Sections 3/5A /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 11 of Animal Cruelty (Prevention) Act, 1960, and Section 325 B.N.S. Police Station-Akauna, District-Deoria. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. The applicant is languishing in jail since 18.09.2024. Learned counsel for the applicant submits that the applicant is driver of the alleged truck. The recovery shown from the alleged truck of 22 live progenies and one dead progeny was planted one. Neither any beef nor any other incriminating material has been recovered from the possession of the applicant. There is no independent witness of the aforesaid recovery. The applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shobhit Upadhyaya @ Susheel, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 15.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad