Neutral Citation No. - 2025:AHC:27897 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2940 of 2025 Applicant :- Shahnawaz Alias Patla Opposite Party :- State Of Uttar Pradesh Through Home Secretary, Lucknow Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.453 of 2024, under Sections 3/5/8 of Cow Slaughter Act, Police Station Kotwali Dehat, District Bulandshahr during the pendency of trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Nishad @ Cheepa and Shahnawaj @ Kunja, who were arrested in Case Crime No.469 of 2024, under Section 109 of B.N.S. and Section 3/4/25 Arms Act, Police Station-Kotwali Dehat, District-Bulandshahr. The said statements insofar as they implicate the applicant are unreliable. No recovery of any incriminating article has been made from the applicant. At present there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para- 16 of the affidavit. The applicant is in jail since 28.11.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused Nishad @ Cheepa and Shahnawaj @ Kunja, who were arrested in Case Crime No.469 of 2024, under Section 109 of B.N.S. and Section 3/4/25 Arms Act, Police Station-Kotwali Dehat, District-Bulandshahr. No recovery of any incriminating article has been made from the applicant. At present there is no credible evidence to link the applicant with the offence. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Shahnawaz alias Patla, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 27.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad