Neutral Citation No. - 2025:AHC-LKO:28923 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4187 of 2025 Applicant :- Sufiyan Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 0146 of 2025, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, 1960, P.S. Jaisinghpur, District Sultanpur. 3. As per contents of FIR, a police team acted upon information received is said to have intercepted a vehicle UP 45-T 5477 on 30.04.2025 with live cattle being recovered. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that FIR has been lodged against unidentified persons and applicant has been shown nominated only on the basis of alleged confessional statement of co-accused. It is submitted that the applicant was neither apprehended from the spot nor is there any recovery from him. It is also submitted that the previous criminal history of the applicant has been explained in the affidavit filed in support of the application 5. Learned AGA opposed the prayer for bail application with the submission that the applicant has clearly been nominated during the course of investigation indicating his role in the allegation levelled. It is however, admitted that criminal history of the applicant has been explained. 6. 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 FIR has been lodged against unidentified persons and applicant's name has been nominated only on the basis of alleged confessional statement of co-accused. There does not appear to be any recovery form the applicant, who was not apprehended from the spot. The previous criminal of the applicant has been explained. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Sufiyan Khan involved in the aforesaid case 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 which are being imposed in the interest of justice:- (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 :- 16.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench