Neutral Citation No. - 2025:AHC:14442 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45996 of 2024 Applicant :- Islam Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Tiwari,Radhey Shyam Chaubey,Sanjay Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sanjay Chaturvedi, learned counsel for the applicant and Shri D.P.S. Chauhan, learned AGA for the State-Respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf has been moved on behalf of accused-applicant, Islam, seeking enlargement on bail in Case Crime No. 845 of 2012, under Sections 3/5 /8 of the U.P. Prevention of Cow Slaughter Act, 1955, Section 504, 307, 153-A I.P.C. and Section 7 Crl. Law Amendment Act, Police Station Loni, District Ghaziabad. The prosecution case, as spelt out in the first information report is that the first informant Ajay Khari was going to the park when he saw the applicant and three other persons who were slaughtering the cow and were selling the meat and when the first informant and his companion tried to caught the aforesaid persons they used abusive languages and chased with knife with intention to kill them. Learned counsel for the applicant submits that he has been falsely implicated. There is no injury received by anyone. There is no independent witness of the incident or of the recovery. He further submits that earlier the applicant was on bail granted by court below on 25.6.2013. The father of applicant was looking after the trial of the applicant who died subsequently and the applicant for the purpose of livelihood was residing other district, therefore he could not be communicated about the trial proceeding as a result the non-bailable warrants was issued against him. The applicant is languishing in jail since 07.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the 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, Islam, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two heavy 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 his 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 :- 31.1.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad