Neutral Citation No. - 2025:AHC-LKO:34260 Court No. - 4 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5045 of 2025 Applicant :- Shareef @ Lambu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek Yadav,Mohd. Anas Khan Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant and learned AGA for the State-respondent. By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.118/2016, under Sections 3/5/8 of U.P. Prevention of Cows Slaughter Act, 1955, Police Station Mavia, District Ayodhya/Faizabad. The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case due to old political rivalry which occurred during the elections of Pradhan and the rival is the sitting Village Pradhan. The applicant is in jail since 24.04.2025. It is urged that the applicant is not named in the FIR and his name has surfaced during course of investigation. No recovery has been made out from the possession of the applicant, hence no offence is made out under the aforesaid sections. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. It is further submitted that the charge sheet No.84/2016 has been submitted on 08.06.2016 against all the accused persons. It is also urged that the co-accused, namely, Imtiyaz and Monu @ Abdul Mannan have already been enlarged on bail by a Coordinate Bench of this Court by means of orders dated 11.03.2019 and 30.07.2019 respectively and a copy of the their bail orders have been brought on record as Annexure No.3 collectively. Learned A.G.A., has opposed the prayer for bail, however, could not dispute the aforesaid facts. Considering the rival submissions, the facts and circumstances of the case and the material available on record as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Let the applicant Shareef @ Lambu involved in the aforesaid FIR/Case Crime Number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned. At the time of executing required sureties the following conditions shall be 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 3.6.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench