Neutral Citation No. - 2025:AHC:67586 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3681 of 2025 Applicant :- Yasir Opposite Party :- State of U.P. Counsel for Applicant :- Naseem Ahmad,Syeda Alia Khatoon Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Yasir, seeking enlargement on bail in Case Crime No. 0188 of 2012, under Sections 9, 39, 49 and 51 of Wildlife (Protection) Act, 1972, Police Station Hazaratnagar, District Moradabad. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this case crime number and is languishing in jail since 21.12.2024. He 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. Learned counsel for the applicant submits that the incident took place on 24.09.2012 and its site plan was prepared on 14.10.2012 after delay of 20 days. It is submitted that all the witnesses are police personnel and there is no independent witness of the alleged crime. The applicant has got nothing to do with the alleged occurrence and is only being implicated due to criminal conspiracy and personal enmity. No notice has been served upon the applicant under Section 41A of Cr.P.C. It is further submitted that the applicant was having no information in respect to the pendency of the proceedings before the trial court after issuance of summons dated 18.02.2013. No summons, warrants or non bailable warrant has been served upon him, inasmuch as the applicant was living in Mumbai to earn his livelihood. It is further submitted that the offence under the aforesaid sections are triable by the magistrate and no offence is made out under the aforesaid section against the applicant. There is no evidence on record that the applicant was involved in the alleged act or anywhere involved in killing and selling the cow meat (Nilgai). The alleged prosecution story is false, concocted and fabricated. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Yasir, involved in above mentioned case crime number be released on bail, on him executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad