Neutral Citation No. - 2025:AHC:145374 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27890 of 2025 Applicant :- Deepak Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Girish Kumar Gupta,Santosh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Deepak Nishad, who is involved in Case Crime No. 199 of 2025, under Sections 3/5A/5B/8 Cow Slaughter (Prevention) Act, police station Saiyadraja, district Chandauli, seeks enlargement on bail during the pendency of trial. As per the prosecution case, in brief, the complainant S.I. Vijay Pratap Singh got an F.I.R. lodged on 19.07.2025 against the applicant Deepak Nishad and co-accused Saddam Hussain, Rakesh Paswan (owner of vehicle no. UP65QT5026) and Jubaida Bibi (owner of vehicle no. UP65PT8522) alleging inter alia that the complainant alongwith his team were patrolling the area and the informer gave information that the cows loaded in two vehicles are being transported from Panchfedwa to Bihar for their slaughtering. On believing the information of the informer, they reached NH-2 and started checking the vehicles. After some time, they saw that two vehicles of white colour are coming. On the searching of the vehicle in question, two cows were recovered from the vehicle of the applicant, which were transported for their slaughtering. Main substratum of arguments of learned counsel for the applicant is that the police has shown false recovery of cows from the vehicle of the applicant, who is driver of the vehicle (Tata Intra Pickup) no. UP65QT5026. It is also submitted that there is no independent or public witness of the alleged recovery from the vehicle of the applicant. It is further submitted that co-accused Rakesh Paswan, owner of the vehicle in question, has been granted anticipatory bail by the coordinate Bench of this Court vide order dated 14.08.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 6533 of 2025. The applicant has been falsely implicated in this case because he could not fulfill the illegal demand of the police personnel. The applicant does not have any criminal history to his credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 20.07.2025 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that there is no material on record to presume false implication of the applicant because photographs of the vehicle which was carrying cows were also taken at the spot in terms of Section 105 BNSS and the said fact is mentioned in the recovery memo itself. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant is the driver of the vehicle in question whereas owner of the vehicle in question has already been granted anticipatory bail as noted above. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Deepak Nishad be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 22.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad