Neutral Citation No. - 2025:AHC:83813 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5658 of 2025 Applicant :- Sageer Alias Saggo Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record. The instant bail application has been filed on behalf of the applicant, Sageer Alias Saggo, with a prayer to release him on bail in Case Crime No. 197 of 2024, under Sections 429 IPC, 3/5/8 of Cow Slaughter Act and 11 of Prevention of Cruelty to Animals Act, Police Station- Trans Yamuna, District- Agra, during pendency of trial. According to the prosecution version, co-accused Vikas was arrested while transporting the illegal beef by Auto No.UP.80HT6096 on 25.05.2024 at 8.00 A.M. On the basis of statement given by co-accused Vikas the present applicant has been implicated. Learned counsel for the applicant submitted that no recovery was found from the possession of the applicant; co-accused Vikas Kumar has been granted bail by co- ordinate Bench of this Court vide order dated 08.04.2025 passed in Criminal Misc. Bail Application No.31815 of 2024. The applicant is on better footing from co-accused Vikas. It is further argued by the learned counsel for the applicant that from the allegations made against the applicant no cognizable offence as per Section 9 of the U.P. Prevention of Cow Slaughter Act, 1955 is made out against him. The offence is triable by Magistrate and maximum sentence of 7 years. The applicant has criminal history of one case which has been duly explained in para-2 of the supplementary affidavit. He is in jail since 13.01.2025. In case the applicant is released on bail he will not misuse the liberty. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. He has strongly opposed the bail and contended that cow slaughtering leads to acrimony between various groups of society. It has also resulted into riot like situations which poses serious problem for law and order before the State. He has finally submitted that due to above reasons, State had to apply U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 against some of such accuseds. He has pointed out that for the above reasons the U.P. Prevention of Cow Slaughter Act, 1955, Prevention of Cruelty to Animals Act, 1960, U.P. Goshala Adhiniyam, 1964 and U.P. Go-Sewa Ayog Adhiniyam, 1999 have been enacted by the State Government. Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; 5. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 19.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad