Neutral Citation No. - 2025:AHC-LKO:16044 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2363 of 2025 Applicant :- Mohammad Zakir @ Lakadiya Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Sunil Dixit Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 18 of 2025 under section 5A/8 of U.P. Prevention of Cow Slaughter Act & Section 11 (d) of the Prevention of Cruelty to Animals Act, P.S.- Gurubuxganj District - Raebareli. The contention of learned counsel for applicant is that applicant is innocent and has falsely been implicated by the police in the instant matter. He submits that the applicant is not named in the first information report and he was not arrested on the spot. He also submits that there is no substantial evidence against him so as to connect him with the instant matter and has contended that a false story has been set up by the prosecution. It is submitted that previous criminal history of applicant has been explained in affidavit filed in support of the bail application and applicant is languishing in jail since 30.01.2025 and he undertakes that in case bail is granted, applicant will not misuse liberty of same and would cooperate in trial proceedings. It submitted that co- accused Mahtab has been released on bail by this Court vide Crl.Misc. Bail Appln. No.1764 of 2025; order dated 28.02.2025. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, applicant's involvement was found in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that applicant is languishing in jail since 30.01.2025; previous criminal history of applicant has been explained in affidavit filed in support of the bail application; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with fact that the applicant has undertaken to the effect that in case,bail is granted, he will not misuse liberty of bail and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of Court in support of the charge, reformative theory of punishment and considering larger mandate of Article 21 of the Constitution of India and, without expressing any view on merits of the case, I find it to be a fit case for bail. Let the applicant Mohammad Zakir @ Lakadiya involved in the aforementioned 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:- (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 :- 20.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench