Neutral Citation No. - 2025:AHC:41144 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43634 of 2024 Applicant :- Wasim And Another Opposite Party :- State of U.P. Counsel for Applicant :- Aishwarya Pratap Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The instant bail application has been filed on behalf of the applicants, Wasim and Niyajuddin, with a prayer to release them on bail in Case Crime No. 268 of 2024, under Sections- 3/5/8 of Cow Slaughter Act, Police Station- Kandhrapur, District- Azamgarh, during pendency of trial. The are allegations against the applicants of recovery of 70 kg of beef from the joint possession of three persons including the applicants. Counsel for the applicants claimed that they were not arrested from the spot. Police has falsely implicated the applicants. It is argued by the learned counsels for the applicants that the applicants are quite innocent and have been falsely implicated in the present case by the informant with ulterior motive. No offence under Sections U.P. Prevention of Cow Slaughter Act, 1955 has been committed by them warranting punishment under the aforesaid Act. He has further submitted that from the allegations made against the applicants no cognizable offence as per Section 9 of the U.P. Prevention of Cow Slaughter Act, 1955 is made out against them. The offence is triable by Magistrate and maximum sentence of 7 years. The applicants have criminal history of 4 and 6 cases respectively including the present case and they are in jail since 24.09.2024. In case the applicants are released on bail they will not misuse the liberty. Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. He has strongly opposed the bail and contended that cow slaughtering leads to acrimony between various groups of society. It has also resulted into riot like situations which poses serious problem for law and order before the State. He has finally submitted that due to above reasons, State had to apply U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 against some of such accuseds. He has pointed out that for the above reasons the U.P. Prevention of Cow Slaughter Act, 1955, Prevention of Cruelty to Animals Act, 1960, U.P. Goshala Adhiniyam, 1964 and U.P. Go-Sewa Ayog Adhiniyam, 1999 have been enacted by the State Government. Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 larger mandate of Article 21 of the constitution of India, let the applicants involved in the 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 :- 1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicants shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; 5. In case, the applicants misuse the liberty of bail and in order to secure their 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 them, in accordance with law, under Section 174-A of the Indian Penal Code. 6. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 20.3.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad