Neutral Citation No. - 2025:AHC:24284 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47163 of 2024 Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Hiralal, learned counsel for the applicant and Shri Yagyaval Pandey, learned A.G.A. for the State. 2. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.Case Crime No.191 of 2024, under Sections 3/5A/5B/8 of the Cow Slaughter (Prevention) Act and Section 11 of Cruelty of Animals (Protection) Act, P.S. Chakiya, District Chandauli. 3. In the prosecution case it is alleged that while the informant was busy in patrolling on 19.10.2024 on the basis of information received by the secret informer that some smugglers of cow progeny are taking the cows to West Bengal via Bihar. On the basis of this information, the applicant was arrested from the spot who was found hurding the five cows progeny. It is also alleged that one accused ran away from the spot. 4. Learned counsel for the applicant submits that transportation of cow is not an offence. There is no vehicle or another medium of transport. He has been falsely implicated in this case and has been booked in this case. In this case even there is no evidence of transportation of cows. The transportation of cows have been falsely shown to be transported. The offences are triable by magistrate. He submits that the applicant is in jail since 22.10.2024. It is specifically mentioned in paragraph 12 that applicant has criminal history of one case. It is submitted that co- accused Bullu Chauhan @ Man Singh has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.43030 of 2024, copy of bail order produced by learned counsel for applicant is taken on record. He further submitted that since the role of the applicant is identical to that of aforesaid co-accused. Hence applicant is also entitled to be enlarged on bail and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts. 7. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant Pramod Kumar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:- 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 will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad