Neutral Citation No. - 2025:AHC:29763 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7212 of 2025 Applicant :- Sahive Alam Opposite Party :- State Of Up Thru Its Principal Secratary Home Counsel for Applicant :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Sahive AlamVinay Singh, seeking enlargement on bail in Case Crime No. 410 of 2024, under Sections 3/5A/8 of the Cow Slaughter Act and sections 109, 317(5) B.N.S., & 3/25/27 Arms Act, Police Station Patiyali, District Kasganj. 3. 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 17.11.2024. Learned counsel for the applicant submits that it is alleged that the police party made a raid on 17.11.2024 and the applicant and other accused persons were arrested by the police and three oxen have been recovered. It is further submitted that no beef or dead cow progeny has been recovered from the possession of the accused applicant and recovery of one country made pistol has been shown from the applicant. The recovery shown from the applicant is planted one as there is no independent witnesses of the alleged recovery. Criminal history of six cases has been explained in paragraph no. 16 of the affidavit filed in support of bail application. Co-accused Mohd. Hasan and Kale, has been granted bail by this Court in Criminal Misc. Bail Application No. 46198 and 46245 of 2024, vide order dated 24.02.2025 and has been released on bail vide order stated 24.02.2025. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail.Hence bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal history. 5. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Sahive Alam, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 3.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad