Neutral Citation No. - 2025:AHC:70607 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9233 of 2025 Applicant :- Aasif Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Prasad,Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed rejoinder affidavit, which is taken on record. 2. Heard Shri Chandra Bhushan Prasad, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Aasif, seeking enlargement on bail in Case Crime No. 471 of 2024, under Sections 305, 317 (2) BNS and Section 3/5/8 of Cow Slaughter Act, P.S.- Harduaganj, District- Aligarh, during pendency of the trial in the Court below. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 16.10.2024. He has criminal antecedent of 23 cases, which has been explained in para 15 of affidavit and other cases has also been explained in rejoinder affidavit filed in support of the bail application 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 instant FIR has been lodged highly delayed for which no explanation has been given by the prosecution. Applicant has no concern with the alleged offence. He has not been caught from the spot. No cow meat has been recovered from the possession of the applicant. The alleged offence is triable by 1st Class Magistrate. It is only the apprehension of the police that the recovered cattle were being sent for selling and slaughtering. It is next submitted that the applicant is fully innocent and nothing to do with the alleged crime in any manner. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Aasif, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 9. 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 :- 1.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad