HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9140 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Amit Kumar, learned counsel for the applicant, Shri Manish Vikram Singh Chauhan, learned Additional Government Advocate for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 256 of 2025, under Sections 3/5/8 of Cow Slaughter Act, registered at Police Station Bheera, District Lakhimpur Kheri. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 08.07.2025 against seven accused persons including the applicant stating that on the basis of information received from a mukhbir the police raided the house of the applicant. Six persons escaped from a broken wall of the house. About 40 kilograms flesh of cow progeny was recovered from the house. Upon making enquiries from a woman standing on the spot she told that the flesh belonged to a calf which has been slaughtered by her husband Azizul Khan and son in law Shahid and other accused persons. 5. In the affidavit filed in support of bail application it has been stated Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Saif @ Mo. Ashab .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s) that the applicant is a young man aged 25 years, he is innocent, he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed by filing supplementary affidavit, in which, he has been granted bail by the Court of Juvenile Justice Board, Lakhimpur Kheri. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. He states that no test report of the recovered flesh is available till date. 7. Co-accused Amir Khan, Ajijul Khan and Kamar Jahan have been granted bail in the present case by means of an order dated 25.08.2025, 01.09.2025 and 08.09.2025 passed by this Court in Crl. Misc. Bail Application Nos.7912 of 2025, 8081 of 2025 and 8362 of 2025, respectively. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that it is alleged that the recovery has been made from the applicant's house but no test report is available till date; the applicant was not arrested on the spot; the alleged recovery has not been witnessed by any independent persons and three co-accused persons have already been granted bail in the present case; that the applicant is languishing in jail since 26.08.2025 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Saif @ Mo. Ashab be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 9140 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 25, 2025/V. Sinha BAIL No. 9140 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench