Neutral Citation No. - 2025:AHC:42709 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9733 of 2025 Applicant :- Mohd. Warish And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ashok Kumar Yadav, learned counsel for the applicants, Sri D.P.S. Chauhan, 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 applicants, Mohd. Warish and Sher Ali, with a prayer to release them on bail in Case Crime No. 4 of 2025, under Section 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Bariyarpur,District-Deoria. In the prosecution case, it is alleged that the police party received information from the secret informer that some persons in a truck carrying cattle for slaughtering are going to Bihar. On this information, two persons were caught and searched and 23 alive and 3 dead cattle were found from the container of the vehicle bearing registration no. UP 50 BT 5678. Learned counsel for the applicants submits that the offence is triable by magistrate. The applicant is languishing in jail since 06.01.2025 and he has no criminal antecedent. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants. On due consideration to the fact that there is no report of the scientific laboratory; there is no independent witnesses of the alleged recovery, coupled with the fact that the applicants are languishing in jail since 06.01.2025 without having any criminal antecedents 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 applicants- Mohd. Warish and Sher Ali, involved in the aforesaid case crime be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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 applicants shall file an undertaking to the effect that they 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. Order Date :- 24.3.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad