Neutral Citation No. - 2025:AHC:34739 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8397 of 2025 Applicant :- Subodh Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Birendra Singh, learned counsel for the applicants and Sri Rajeev Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 7 of 2025, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, Section 11 Prevention of Cruelty to Animals Act and Section 111, 61(2) BNS, Police Station- Bankata, District- Deoria, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that FIR of the present case was lodged against applicants and 12 others and according to FIR, applicants were arrested at spot while they were sitting in their Bolero vehicle. 4. He further submitted that as per prosecution, from the truck no. UP 50 AT 3147, 24 cattle and from the pick up vehicle no. UP 44 BT 6098, 6 cattle were recovered and out of six cattle, one had dead but applicants were having no concern with the alleged truck and pick up vehicle. 5. He further submitted that it was a simple case of cow slaughter act but in spite of that applicants have been made accused for the offence under Section 111 BNS and except the bald and verbal allegation, there is no evidence of organized crime against them. 6. He further submitted that however, apart from the present case, applicants are having criminal history of one another case but their criminal history has been explained in the instant bail application. 7. He further submitted that applicants are in jail in the present matter since 16.01.2025. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for the applicants, nature of allegation levelled against the applicants and the fact that criminal history of one case of applicants has been explained in the instant bail application and they are in jail in the present matter since 16.01.2025, in my view applicants are entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants- Subodh Kumar and Raja Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 10.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad