Neutral Citation No. - 2025:AHC:24285 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47187 of 2024 Applicant :- Jitendra Saini And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicants seeking bail in Case Crime No.278 of 2024, under Sections 3/5A/5B/8 of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, P.S. Alinagar, District Chandauli. In the prosecution case it is alleged that from a pick-up vehicle three cow progeny are said to have been recovered on the basis of the information given by the informer to the police. It is fuhrer alleged that two accused persons have been caught on the spot. Learned counsel for the applicants submits that applicants are not arrested from the spot. There is no recovery from the applicants. The name of the applicants have surfaced in the confessional statement of the two co-accused persons who were arrested on the spot. Applicants have been falsely implicated. The transportation of the cow is not an offence under the Cow Slaughter Act, applicants have no criminal history. The offences are triable by magistrate. He submits that the applicants are in jail since 4.12.2024. Learned counsel for the applicants submits that co-accused Chotu @ Rahul Kumar have already been enlarged on bail by this Court on 17.1.2025 in Criminal Misc. Bail Application No. 43190 of 2024. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicants are languishing in jail since 04.12.2024, offences are triable by magistrate, there is no public witness to the recovery, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants Jitendra Saini and Rohit Saini be released on bail in aforesaid case crime number subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants 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. 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code. (vi) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad