Neutral Citation No. - 2025:AHC:94146 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16763 of 2025 Applicant :- Shyam Bihari Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Saleem Ahamad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Abdul Saleem Ahamad, learned counsel for the applicant, Shri Anil Kumar Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shyam Bihari, seeking enlargement on bail in Case Crime No. 160 of 2024, under Sections 3/5A/5B/8 of Cow Slaughter Act & Section 11 of Prevention of Ani9mal Cruelty Act, Police Station Balua, District Chandauli. 3. 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 11.04.2025. Learned counsel for the applicant submits that the applicant has not arrested from the spot. The co-accused Hari Kishun himself stated that he has purchased the alleged vehicle No. UP-67 AT- 3642 from the applicant. Nothing has been recovered from the possession of the applicant or his pointing out. 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. 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.It is next submitted that co-accused Vinod Kumar has been granted bail by this Court vide order dated 23.05.2025 passed in Crl. Misc. Bail Application No. 14975 of 2025. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed the prayer for bail. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Shyam Bihari, 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. 8. 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 :- 30.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad