Neutral Citation No. - 2025:AHC-LKO:22510 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3262 of 2025 Applicant :- Shahjad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dharmendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party-State. 3. First bail application has been filed with regard to Case Crime No.23 of 2025 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11(d) of Prevention of Cruelty to Animals Act, 1960 and Section 325 BNS, PS. Haidergarh, District Barabanki. 4. As per contents of first information report, the incident is said to have occurred on 20.01.2025 when the police team allegedly recovered a DCM vehicle bearing registration number UK 17 CA 5549 with live 13 bulls. 5. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him which would be evident from fact that F.I.R. has been lodged against unidentified persons with driver and conductor of the vehicle having fled. It is submitted that applicant's name has been nominated only on the basis of alleged confessional statement of owner of the vehicle. It is submitted that applicant was neither apprehended from spot nor is there any recovery from him. Applicant's previous criminal history of a single case bearing Case Crime No.513 of 2020 has already been explained in supplementary affidavit filed today in which he has been granted bail and he is under incarceration since 07.02.2025. 6. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application but does not dispute aforesaid facts. 7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, and subject to further evidence being led in trial, it appears that applicant has not been nominated in F.I.R. and has been apprehended subsequently only on the basis of alleged confessional statement of vehicle owner; there does not appear to be any recovery from applicant and his previous criminal history has already been explained. As such, without expressing any opinion on merits of the case, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant Shahjad, involved in aforesaid case crime be released on bail on his/her 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/she 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/her under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 84 BNSS 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/her, in accordance with law, under Section 209 of BNS. (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 351 BNSS. 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/her in accordance with law. Order Date :- 22.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench