HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10423 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 26.4.2025 at about 3.00a.m., a vehicle bearing No.UP12CT 4629 was reported overturned. The applicant along with co-accused were shown as travelling in the said vehicle along with live cattle out of which seven were declared dead. Learned counsel for the applicant submits that the applicant has been falsely implicated. The matter is triable by Magistrate. The applicant has explained the criminal history of three cases in para 3 of the supplementary affidavit, filed today which is taken on record. Carrying live cattle is not an offence under section 5-A of the Cow slaughter Act. The applicant is in jail since 7.8.2025. It is further submitted by applicant's counsel that the co-accused Sarfuddeen has already been enlarged on bail vide order dated 29.5.2025 passed by a coordinate Bench of this Court in Bail No. 4816 of 2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Kuldeep Pandey, Shivangi Pandey Counsel for Opposite Party(s) : G.A. Hakim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 4.Considering the facts and circumstances of the case, including the fact that the applicant has explained criminal history, the offence is triable by Magistrate, bail order of co-accused filed as Annexure No.2 to the bail application, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 5.Let the applicant Hakim, involved in Case Crime No.99 of 2025 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 11(1)(d) of Animal Cruelty Act, P.S. Maharajganj, district Raebareli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) 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 I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly, on the ground of parity. BAIL No. 10423 of 2025 2 It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. November 12, 2025 kkb/ BAIL No. 10423 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench