Neutral Citation No. - 2025:AHC:86062 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10846 of 2025 Applicant :- Aneesh Opposite Party :- State of U.P. Counsel for Applicant :- Mukul Kumar 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 Sri Mukul Kumar, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State-opposite party 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, Aneesh, seeking enlargement on bail in Case Crime No. 603 of 2024, under Section 109 BNS and Section 3/5A/8 of the Cow Slaughter Act and section 11 (1) D of Prevention of Animal Cruelty Act as well as Section 3/25 Arms Act, Police Station- Chhata, District -Mathura. 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 16.12.2024. It is argued that neither the applicant is driver or owner of the alleged vehicle nor he is having any license nor the applicant know the driving nor he carrying any animal nor he ever participated in such type of offence, but due to previous criminal history, the police deliberately implicated him with the false alleged recovery. Neither the applicant has fired any public person or police personnel. Nothing has been recovered from the possession of the applicant. No any animal was found dead nor any cutting weapon found in the said vehicle and the applicant has not concerned with the alleged animal or vehicle, therefore, no offence under the aforesaid section is made out against the applicant. The recovery of one country made tamancha and 2 live cartridges 315 bore, 03 alive cow and vehicle is planted one and the whole prosecution story is false, fabricated and concocted against the applicant. Applicant's have criminal history of 23 cases, which is explained in para no. 3 of the supplementary affidavit wherein he is on bail and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that no offence as alleged in the FIR is made out against the applicant. There is no independent witnesses of the alleged offence and the alleged recovery is totally false and fabricated. Hence bail has been prayed for. 6. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Aneesh, 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. 10. 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 :- 20.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad