Neutral Citation No. - 2025:AHC-LKO:23688 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3488 of 2025 Applicant :- Amir And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amit Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard Mr. Amit Bhardwaj, learned counsel for applicant, learned A.G.A for the State-opposite parties and perused the record. 2. The present bail application has been filed by applicants under Section 439 Cr.P.C. (Now Section 483 of B.N.S.S., 2023) in Case Crime/FIR No.10 of 2025, under Section 3/5/8 of Prevention of Cow Slaughter Act, 1955 and Section 3(5) of B.N.S., 2023, Police Station- Kotwali Rudauli, District- Ayodhya/Faizabad, with the prayer to enlarge them on bail. 3. The submission of learned counsel for the applicants is that the applicants are innocent persons and have been falsely implicated in the present case and they are in jail since 10.01.2025. It is further submitted on behalf of the applicants that the applicants were not named in the FIR and they have been implicated on the statement of co-accused, namely- Shaan Mohammad. He further submits that charge sheet has already been filed, therefore, they cannot tamper the evidence and there is no criminal history of the applicants. In these circumstances, the applicants are entitled for bail in the present case. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail but has fairly conceded that charge sheet has been filed in the court concerned. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that applicants have not been named in the FIR and his name has been included only on the basis of alleged confessional statement of co-accused. His previous criminal history of 15 cases have already been explained in the affidavit filed in support of bail application. Applicants are under incarceration since 10.01.2025. 6. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, therefore, I find it to be a fit case for enlarging the applicant on bail. The present bail application is allowed. 7. Let the applicants- Amir and Shahban who is involved in aforementioned case crime be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicants shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicants 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 them under Section 229-A IPC (Now Section 269 of B.N.S.S, 2023). (v) In case, the applicants misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (Now Section 84 of B.N.S.S., 2023), may be issued and if applicants 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 IPC (Now Section 209 of B.N.S.S, 2023). (vi) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. (Now Section 351 of B.N.S.S., 2023). If in the opinion of the (vii) Trial Court absence of the applicants 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 them in accordance with law. (viii) In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 25.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench