Neutral Citation No. - 2025:AHC-LKO:17527 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2572 of 2025 Applicant :- Suheb @ Shuaib Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for the applicant, learned AGA 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. 165 of 2024, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11(d) of Prevention of Cruelty to Animal Act, 1960, Police Station Behta Muzawar, District Unnao. Contention of learned counsel for the applicant is that the applicant is not involved in the offence and the police has planted him. He further submits that as per the prosecution story, 25 live cows' progenies are said to be recovered, though the applicant was not arrested on spot and his name came into light only in the confessional statement. He added that in fact there is no direct evidence against the applicant. Further submitted that the applicant has one case criminal history which has been explained in the affidavit and he is languishing in jail since 14.11.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has vehemently opposed the contentions aforesaid and submits that there are ample evidence against the applicant in respect of involvement in the offence. Further submitted that there is one case criminal history of the applicant. Considering the submissions of learned counsel for the parties, it transpires that 25 live cows' progenies are recovered but the applicant has not been arrested on spot and his name came into light on confessional statement of the co-accused person and further the applicant has explained criminal history and he is languishing in jail since 14.11.2024 and he has undertaken that he will not misuse the liberty of bail, if granted 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 the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Suheb @ Shuaib Ali 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 27.3.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench