Neutral Citation No. - 2025:AHC:29648 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7382 of 2025 Applicant :- Ishtkhar Shah @ Banke Opposite Party :- State of U.P. Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Prabhakar Dubey, learned counsel for the applicant, Sri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ishtkhar Shah @ Banke, seeking enlargement on bail in Case Crime No. 496 of 2024, under Sections 325 of the Bharatiya Nyaya Sanhita, 2023, Section 3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Salempur, District- Deoria. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.12.2024. He has explained his criminal antecedent of one case 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 is not named in the FIR and was not arrested on spot. Applicant's name disclosed in the confessional statement of the co-accused who were arrested on spot. Nothing incriminating has been recovered from the possession of the applicant. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by the co-accused, who were arrested at the spot. No recovery was made from the applicant. The applicant has explained his criminal antecedents. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Let the applicant, Ishtkhar Shah @ Banke involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad