Neutral Citation No. - 2025:AHC:123194 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23760 of 2025 Applicant :- Rakesh Pal Opposite Party :- State of U.P. Counsel for Applicant :- Pooja Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard Ms.Sweta Kesarwani, Advocate holding brief of Ms. Pooja, learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.28 of 2025, under Sections 3/5A/5B/8 Prevention of Cow Slaughter Act, Section 11 of Prevention of Animal Cruelty Act, 1960 and Section 317 (2) of BNS, Police Station-Chakarghatta, District-Chandauli, with the prayer to enlarge him on bail. According to the prosecution case, five progeny of a cow were allegedly recovered from the possession of the applicant on 10.06.2025 by police personnel, and were being transported to Bihar for sale and slaughter. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 11.06.2025. It is further submitted on behalf of applicant that there is no evidence to support the allegation that the cattle were being transported for slaughter and false recovery of cattle have been made against the applicant. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. Learned A.G.A. has opposed the submission made by the learned counsel for the applicant. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed. Let the applicant-Rakesh Pal, 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 25.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad