Neutral Citation No. - 2025:AHC-LKO:47 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10933 of 2024 Applicant :- Ansar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dept. Civil Sectt. Lko Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved by the accused/applicant Ansar for grant of bail, in Case Crime No.131 of 2018 under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Police Station Kandhai, District Pratapgarh, during trial. 3. Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence and no recovery as shown by the prosecution has been recovered from his possession. 4. It is further submitted that on the basis of criminal history of the applicant, this false case has been slapped and co-accused person of the alleged crime, namely, Laksu @ Hasmat Ulla @ Allah Rakkhu has been released on bail by this Court vide order dated 26.03.202 passed in Criminal Misc. Bail Application No.3986 of 2021. 5. It is also submitted that the alleged offences against the applicant are triable by magistrate and the applicant is in jail in this case since 17.04.2024 and he is not a previous convict and criminal history of three cases has been explained in paragraph no.3 of the supplementary affidavit dated 22.10.2024 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty. 6. Learned A.G.A., however, opposes the prayer for bail of the applicant on the ground that the applicant is an accused of heinous offence and criminal history of the applicant has not been appropriately explained, therefore, he is not entitled to be released on bail, but could not confront the facts that similarly placed co-accused persons have been granted bail. 7. Considering the fact that the alleged offences against the applicant are triable by magistrate, he is not a previous convict and criminal history of three cases has been explained in paragraph no.3 of the supplementary affidavit dated 22.10.2024, co-accused person of the alleged crime, namely, Laksu @ Hasmat Ulla @ Allah Rakkhu has already been released on bail by this Court and keeping an eye on the fact that applicant is in jail in this case since 17.04.2024 and the trial is not going to conclude in near future, a case of bail is emerging in favour of the applicant. The bail application is allowed. 8. Let the applicant- Ansar involved in the aforesaid case be released on bail on furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not commit any offence while on bail and if the applicant indulges himself in any offence of the similar nature the trial court shall be at liberty to cancel the order of this Court whereby the facility of bail has been extended to the applicant. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 2.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench