Neutral Citation No. - 2025:AHC:73848 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10405 of 2025 Applicant :- Shahzad Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Muqeem Ansari,Mohd. Akbar Shah Alam Khan,Vibha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned AGA has filed counter affidavit, which is taken on record. 2. Heard learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shahzad, seeking enlargement on bail in Case Crime No. 603 of 2024, under Sections 318, 336 (3), 340 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/5A/8 of Cow Slaughter Act, Police Station Nai Mandi, District Muzaffar Nagar. 4. 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 01.02.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. His name has been surfaced on record on the basis of confessional statement of co-accused. No any independent or public witness of the alleged recovery casts significant doubt on its validity, implying that the recovery may be false and staged. There is no forensic report of the alleged recovery. No specific role has been assigned to the applicant. Applicant has no criminal history and 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. 5. Learned AGA has vehemently opposed the prayer for bail. 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, Shahzad, 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 :- 6.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad