Neutral Citation No. - 2025:AHC:20569 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45643 of 2024 Applicant :- Kasim Ali Opposite Party :- State of U.P. Counsel for Applicant :- Gunjan Dwivedi,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Sri Anil Kumar Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Kasim Ali, seeking enlargement on bail in Case Crime No. 116 of 2024, under Sections 3/5A/8 of Prevention of Cow Slaughter Act, Section 11 of Animal Cruelty Prevention Act and 7 C.L.A. Act, Police Station- Kotwali City, District- Mirzapur. Learned counsel for the applicants submits that only on the basis of clinical analysis of the recovered meat, the applicant has been implicated in this case. There is no independent witness of the recovery. The applicant is languishing in jail since 29.09.2024 without having any criminal antecedents. Co-accused, namely, Niyaz Ahmad, Shugufta Alias Sagufta, Shabnam and Sabbir Ahamd have already been granted bail by this Court vide order dated 06.12.2024, 03.12.2024, 29.11.2024 and 19.12.2024 passed in Criminal Misc. Bail Application Nos. 40385 of 2024, 39418 of 2024, 40107 of 2024 and 45014 of 2024. 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 will not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that there is no report of the scientific laboratory; there is no independent witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since 29.09.2024 without having any criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant-Kasim Ali, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 will 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 :- 13.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad