Neutral Citation No. - 2025:AHC:11018 Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44987 of 2024 Applicant :- Mobeen Anda Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. This matter has been taken up through Video Conferencing. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 217 of 2024, under Section 3/5/8 of The Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S. Lisadi Gate, District- Meerut. It is contended by learned counsel for the applicant that the applicant is innocent and he has been planted by the police in the present case. He submits that the applicant was not arrested on spot and his name came into light only on the confessional statement. He added so far as the alleged recovery of beef is concerned, the same is said to be recovered from the co-accused persons namely, Shahid and Md. Ayan, thus, the role of the present applicant is distinguishable from the role of the other co-accused persons. He also submits that the F.S.L. report is evident that the opinion of the expert is that the said sample is suspected to be of cow-meat thus, no clear opinion is given. He next added that identically situated co-accused, namely, Babu @ Mama has already been enlarged on bail in Criminal Misc. Bail Application No. 27088 of 2024 vide order dated 20.9.2024 passed by this Court and applicant is seeking parity of the same. He submits that there are two cases criminal history of the applicant, which have been explained in paragraph 19 of the bail application and he is languishing in jail since 23.10.2024 and the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submits that the applicant is involved in committing offence as such, he is not entitled to be released on bail, but he could not dispute the fact regarding opinion given in the F.S.L. report as well as the applicant was not arrested on spot. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant was not arrested on spot and his name came into light only on the confessional statement of co-accused person and there is no cogent piece of evidence so as to connect him in the instant matter; identically situated co-accused, namely, Babu @ Mama has already been enlarged on bail; there are two cases criminal history of the applicant, which have been explained in paragraph 19 of the bail application; the applicant is law abiding citizen; and the applicant is languishing in jail since 23.10.2024 and he undertakes that if he is granted bail, he will not misuse the liberty of bail and would co-operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant- Mobeen Anda involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their 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; (3) The applicant 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.; and (4) In case, the applicant misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 22.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad