Neutral Citation No. - 2025:AHC:64056 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 643 of 2025 Applicant :- Raj Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Mishra,Raja Ram Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Raj Kumar Yadav, seeking enlargement on bail in Case Crime No. 228 of 2024, under Section 3/5A, 5B/8 Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act as well as Section 3/4/25/27 Arms Act, P.S.- Saiyad Raja, District- Chandauli, during pendency of the trial in the Court below. 3. The allegation made in the FIR is that police caught the applicant and in his possession 8 cattle out of them six bullocks and two cows were recovered from the spot. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 12.12.2024. He has criminal antecedent of three cases, which has been explained in para 3 and 4 of the supplementary affidavit, filed in support of the bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is a driver of the alleged vehicle, but the police has wrongly shown the recovery of cattle from the aforesaid vehicle and the recovered cattle are not belonging to the applicant. The owner of the alleged vehicle is Ranjit Kumar, who is other co-accused person named in the present FIR. It is next submitted that the allegations levelled against the applicant is frivolous and the same is concocted story developed by the police persons. There is no public witness of the alleged recovery and no offence is made out under the aforesaid sections against the applicant. Hence, bail has been prayed for. 5. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 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, Raj Kumar Yadav, 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 :- 22.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad