Neutral Citation No. - 2025:AHC:71617 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2014 of 2025 Applicant :- Naseem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf,Rakesh Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Counter and rejoinder affidavit filed, which are taken on record. 2. Heard Shri Rakesh Pati Tiwari, learned counsel for the applicant and Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Naseem, seeking enlargement on bail in Case Crime No. 801 of 2024, under Section 3/5/8 of Prevention of Cow Slaughter Act, 1955, P.S.- Bhojipura, District- Bareilly, during pendency of the trial. 4. The allegation made in the FIR is that the S.I. Sri Sandesh Singh along with other constable while in search of the criminals in the area then believing the information of informer, they reached at the bridge of Devrania river and arrested the applicant and other co- accused persons and recovered some cow remains. 5. 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 08.11.2024. Learned counsel for the applicant submits that the real fact is that on the date of incident he was going to market from where the police has apprehended the applicant with regard to an enquiry and has falsely implicated the applicant in the present case. There is no independent witness who could corroborate the alleged recovery of article. It is further submitted that recovery of cow family has no concern with the applicant and he has been roped in this case only by the police to shows good job. It is further submitted that there are contradictions in the recovery memo. Criminal history of one case has been explained in paragraph no. 13 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 6. Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Naseem, 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. 10. 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 :- 2.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad