Neutral Citation No. - 2025:AHC:72517 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5923 of 2025 Applicant :- Talib Opposite Party :- State of U.P. Counsel for Applicant :- Javed Raza Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Javed Raza learned counsel for the applicant, Shri Anil Kumar Singh, learned A.G.A. for the State and perused the record of the case. 2. The present bail application under Section 483 BNSS has been filed on behalf of applicant, Talib, with a prayer to release him on bail in Case Crime No. 498 of 2024, under Section 3/5A/8 the UP Prevention of Cow Slaughter Act and Section 61 (2) BNS, Police Station- Baheri, District- Bareilly. 3. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 20.01.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant was not named in the FIR and his name has surfaced during course of investigation. It is next submitted that he has sold the vehicle No. UP 26T 0153 on 07.12.2023 in favour of one Mohd. Tahir, who is named in the FIR and at the time of incident he was not the owner of the said vehicle. No recovery has been made out from the possession of the applicant, hence no offence is made out under the aforesaid sections. No material remains of any dead cow or its progeny has been recovered from his possession. It is further submitted that the charge sheet has been submitted against 11 named accused persons and the investigation is going on against the applicant and there is no evidence against the applicant to connect the alleged prosecution story of transportation of cattle as neither the alleged recovered vehicle belongs to the applicant nor there is any recovery from him. Hence, bail has been prayed for. 4. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that investigating officer collected the details of aforesaid vehicle, and the same has been found registered in the name of the applicant and the same was used for transportation of beef and slaughter of the animals and said vehicle was abandoned at the place of incident, which shows that the accused applicant used his vehicle for transportation of the beef and animals. It is next submitted that the applicant and co-accused persons indulge in crime of slaughter of cows and selling its flesh and the informant raided the house, recovered huge amount of beef and other equipment. The vehicle of the applicant-accused was also parked at the place of incident which clearly indicates that the accused applicant used his vehicle for transportation of cows for slaughtering and the investigating officer during the course of investigation collected credible and concrete evidence and submitted charge sheet on 22.01.2025 against applicant under the aforesaid sections. The accused applicant and co-accused persons have indulged in the crime of slaughter of cows and selling its flesh. In case the applicant is released on bail he will again indulge in similar activity. 5. I have considered the rival submissions advanced by learned counsel for the parties and perused the material available on record. 6. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant- accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. 7. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. 8. Accordingly, the bail application is hereby rejected. 9. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. Order Date :- 2.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad