Neutral Citation No. - 2025:AHC:90647 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17251 of 2025 Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar,Pawan Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Mr. Sandeep Tripathi, learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Javed, with a prayer to release him on bail in Case Crime No.99 of 2025, under Section 3/5-A/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Jhinjhana, District- Shamli. 3. According to the prosecution version, on 15.03.2025 an information from the informer has been received by the S.I. thereafter the police party reached in the forest of village Lauwdaudpur and saw carcass of some cow progeny in the sugarcane field of Sandeep situated at village Lauwdaudpur which was taken into possession by the police team. Thereafter, as per the instructions of the veterinary doctor, to prevent the spread of foul smell and infection, a pit was dug at a suitable place and the remains of cows were buried. An F.I.R. has been lodged against unknown persons under Section 3/8 U.P. Prevention of Cow Slaughter Act, 1955. On 16.03.2025 the applicant and two co- accused were arrested. 4. The accused/applicant has stated in supplementary affidavit that he has been enlarged on bail in connected offence registered as Case Crime No.104 of 2025, under Section 109(1) BNS & Section 3/25/27 of Arms Act, Police Station Jhinjhana, District Shamli, vide order dated 19.05.2025 passed by the court below. 5. Learned counsel for the applicant submits that the applicant is not named in the F.I.R.; there is no independent witness of the recovery. It is further submitted that the applicant has been released on bail in connected offence as case crime no.104 of 2025, under Section 109(1) B.N.S. and 3/25/27 Arms Act which has been registered against him at the time of arrest. The applicant is languishing in jail since 17.03.2025. He further submitted that co-accused Ikbal has already been granted bail by this Court vide order dated 14.05.2025 in Criminal Misc. Bail Application No.15410 of 2025. 6. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 7. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 8. On due consideration to the fact that there is no independent witnesses of the alleged recovery, coupled with the fact that the applicant is languishing in jail since 17.03.2025 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. 9. Accordingly, the bail application is allowed. 10. Let the applicant- Javed, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad