Neutral Citation No. - 2025:AHC:89452 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6929 of 2025 Applicant :- Chandra Shekhar Saroj Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Dubey,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, Sri Rajeev Kumar Singh, learned AGA for the State and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Chandra Shekhar Saroj, with a prayer to release him on bail in Case Crime No.243 of 2024, under Section 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Marihan, District- Mirzapur. Learned counsel for the applicant submits that allegations against the applicant are that he was arrested by police on 18.12.2024 at around 8.00 P.M. by transporting 60 No. of cow progeny. It has been alleged in the F.I.R. that the applicant along with three co-accused persons were taking cow progeny in a very poor condition. Seeing the police, three co-accused persons fled away taking benefit of darkness. Suspicion has been raised that 60 cows were being taken away to Bihar through jangal for selling them in Bihar. It is further submitted that there is nothing in the F.I.R. to show that cattle were being taken for slaughtering. Cattle were allegedly recovered within the limit of Uttar Pradesh. There is no public witness of the recovery. He further submits that co-accused Hari Nand, Dayanand alias Devpal and Govind Saroj have already been enlarged on bail in the present case by order of Sessions Judge, Mirzapur. Copies of the bail orders have been produced by learned counsel for the applicant which are taken on record. Bail application of the present applicant has been rejected on the ground of criminal history of one case being case crime no.113 of 2022 in which he has been granted bail by A.C.J.M., Mirzapur vide order dated 18.02.2025. The applicant is languishing in jail since 19.12.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the fact that there is no public witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since 19.12.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicant- Chandra Shekhar Saroj, involved in the aforesaid case crime 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. (vi) In case, the applicant misuses the liberty of bail during trial, the trial court shall initiate proceedings against him, in accordance with law. Order Date :- 26.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad