Neutral Citation No. - 2025:AHC-LKO:3414 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 479 of 2025 Applicant :- Lalu @ Lalu Arakh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the two bulls were tied by the complainant on tubewell on 03.0/04.07.2024. On 05.07.2024 at 8:00 am, when he came on the canal, he found the skin of bulls in the field of Bhojraj and heads of bulls on the bank of the canal. Learned counsel for the applicant submits that co-accused Siddik who was arrested from the spot has been granted bail by this Court vide order dated 30.08.2024 passed in criminal misc. bail application No. 9199/2024. Applicant's name has been surfaced in the confessional statement of co-accused Siddik. Offences are triable by magistrate. The applicant is languishing in jail since 12.08.2024. He has explained criminal history of one case of the applicant in the bail application. 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 shall 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 the offences are triable by magistrate; there is no independent witness of the incident; the applicant has not been caught from the spot; he is languishing in jail since 12.08.2024, so also the bail order of co-accused Siddik 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 Lalu @ Lalu Arakh, involved in Case Crime No. 364/2024, under Sections 303(2)/317(2) of BNS and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Tadiyawan, District - Hardoi, 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 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 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 :- 20.1.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench