Neutral Citation No. - 2025:AHC-LKO:35184 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5238 of 2025 Applicant :- Nanhe And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Syed Raza Mehdi,Syed Husain Mehdi S.H.Me Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicants with a prayer to enlarge them on bail in Case Crime No.0227 of 2021, under Sections 147, 148, 149, 307 and 120-B I.P.C., Sections 3, 5A, 5B and 8 The Prevention of Cow Slaughter Act and Section 11 The Prevention of Cruelty to Animals Act, Police Station- Aspur Deosara, District- Pratapgarh. 3. Learned counsel for the applicants submits that the applicants are innocent persons and have been falsely implicated in the present case and they are in jail since 22.04.2025. Learned counsel for the applicants further submits that on the basis of confessional statement the applicants were also implicated in an another case. Learned counsel for the applicants further submits that the prosecution was initiated against 107 persons and co- accused, having identical role, namely, Mohd. Raouf has already been enlarged on bail vide order dated 29.11.2021 passed by this Court in Bail No.13737 of 2021. The investigation is going on and the applicants are ready to cooperate in the investigation. In these circumstances, the applicants are entitled to be released on bail. In case of being enlarged on bail, they will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicants and submits that sufficient material has been found against the applicants during investigation, but he does not dispute the fact that co-accused/Mohd. Raouf, having identical role, has already been enlarged on bail. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, I am of the view that the applicants are entitled to be released on bail. 6. Let the applicants- Nanhe and Mulayam alias Waseem, who are involved in aforementioned case crime, be released on bail on each of them furnishing a personal bond 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 they are accused, or suspected, of the commission of which they are 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 they 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 their counsel. In case of their absence, without sufficient cause, the Trial Court may proceed against them under Section 229-A IPC. (v) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C., may be issued and if applicants fail to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them in accordance with law, under Section 174-A IPC. (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. If in the opinion of the 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench