Neutral Citation No. - 2025:AHC:26044 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46198 of 2024 Applicant :- Mohd Hasan Opposite Party :- State Of U.P. Thru Its Principal Secratary Home Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mohd. Hasan, seeking enlargement on bail in Case Crime No. 410 of 2024, under Sections 3/5A/8 of the Cow Slaughter Act and sections 109, 317(5) B.N.S., Police Station Patiyali, District Kasganj. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.11.2024. Applicant has criminal history of only one case i.e. Case Crime No. 351 of 2020, u/s 323, 504, 506, 452 I.P.C., P.S. Patiyali, Distt. Kasganj in which final report has been submitted, is clearly explained in para no. 12 of the bail application. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. In this matter, it appears that when the police made a raid on 17.11.2024, accused applicant was arrested by the police and three oxen have been recovered. It is further submitted that no beef or dead cow progeny has been recovered from the possession of the accused applicant. There is no independent witnesses of the offence and the alleged recovery is totally false and fabricated. He is said to be in jail since 17.11.2024. Co-accused namely Kale has been released on bail vide order dated 24.02.2025 passed in Crl. Misc. Bail Application No. 46245 of 2024 by this Court. Hence bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has criminal history of only one case. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Mohd. Hasan, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 24.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad