Neutral Citation No. - 2025:AHC-LKO:15853 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2341 of 2025 Applicant :- Kadir Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Saggir Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.06 of 2020, under Sections 3/5/8 of Prevention of Cow Slaughter Act, registered at Police Station Kumarganj, District Ayodhya. 3. As per contents of First Information Report, the incident is said to have taken place on 07.01.2020 when the policy party on the basis of information received raided a house belonging to one Smt Jaiser Bano and recovered cow meat. Allegations have been levelled against the applicant that he was present at the site when the police party arrived. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him and that he was never apprehended by the police at the site. It is also submitted that even otherwise the FIR does not indicate any forensic report indicating that the carcass recovered or the meat actually belonged to cow and therefore submits that the Act itself would be inapplicable in the present case. It is also submitted that the main accused Jaiser Bano has been enlarged on bail by this Court in Bail No.2434 of 2020. It is also submitted that other co-accused have already been enlarged on bail whose bail orders are annexed with this application. 5. Learned A.G.A. has opposed the bail application but does not dispute the aforesaid fact. 6. Considering the submissions advanced by learned counsel for parties and upon perusal of material on record, it is evident that the applicant was not apprehended by the police at the site and that there does not appear to be any forensic report at that time to substantiate that meat recovered was actually of cow and the co accused appears to have already been enlarged on bail by various orders passed by coordinate Bench of this Court. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Kadir, involved in the aforesaid case crime 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 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. (ii) 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. (iii) 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. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 19.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench