Neutral Citation No. - 2025:AHC:34638 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4531 of 2025 Applicant :- Talib Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Majid Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard Sri Abdul Majid, learned counsel for the applicant, Shri Shashank Singh, Advocate, holding brief of learned AGA for the State-opposite party and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Talib seeking enlargement on bail in Case Crime No. 290 of 2024, under Sections 3/5/8 the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 Animal Cruelty Act and Section 3/25/27 Arms Act as well as Sections 132, 121 (1), 109, 221, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Deoraniya, District Bareilly. 4. Learned counsel for the applicant submits that the applicant is not named in the FIR. His name has come into light during course of investigation. There is no evidence against the applicant except confessional statement of applicant, which is not admissible in the eye of law. Nothing has been recovered from the possession or pointing out of the applicant. There is no public witness to support the prosecution story. It is further submitted that neither any allegation of cow slaughtering has been levelled nor the alleged offence as alleged in the FIR has been made out against the applicant. It is next submitted that in fact on 27.09.2024 when the applicant and co-accused namely Arif @ Patta and Shareef came back to his home after doing labour work in Bareilly at 11:00 p.m. by motorcycle, the police of police station Deoraniya checking the vehicle and demanding the illegal money to them and when they refused to give money, the police arrested them and prepared fake recovery memo and also falsely implicated in two cases. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Talib, involved in above mentioned case crime number be released on bail, on their 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 7.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad