Neutral Citation No. - 2025:AHC:38141 Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31115 of 2024 Applicant :- Yamin Opposite Party :- State of U.P. Counsel for Applicant :- Prince Pathak,Suhail Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Counter Affidavit filed today is taken on record. 2. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 140 of 2024, under Sections 307, 120-B I.P.C. and Section 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 Gha of Prevention of Animal Cruelty Act, Section 4/5 of Explosive Substance Act, Police Station Tharwai, District Prayagraj, during the pendency of trial. 4. It is alleged by the prosecution that on 28.05.2024, the applicant and co-accused Kallu were arrested by the police. The police personnel apprehended two accused along with a container, bearing vehicle registration No.UP21 BN8713. In the container 34 cattles were found (10 cows, 23 bulls and 1 dead cow), it was avoiding the police by making a U-turn and the person sitting in container attacked upon the police party with hand made bomb. 5. From the possession of the applicant one bag was recovered containing 4 numbers of illegal bombs and from right pocket of pant of the applicant Rs.540 in cash were recovered. However, from the possession of co-accused Kallu, three bombs from a bag were recovered and Rs.950 in cash was recovered from the pocket of his lower. However, none of the police personnel received any injury. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The criminal history of the applicant has been explained in para 7 of the bail application. Co-accused Kallu S/o Badshah Banjara has already been granted bail by the trial court. No offence under Sections 307, 120-B IPC, Section 3/5A/8 of Cow Slaughter Act and Section 11 Ghha of Prevention of Animal Cruelty Act and section 4/5 of Explosive Substance Act is made out against the applicant. The accused- applicant is said to be roped in the present case as he could not grease the palm of official of the concerned police station. The applicant is languishing in jail since 28.5.2024. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. In case the applicant is released on bail he will not misuse the liberty of bail. 7. Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that the innocence of the applicant cannot be adjudged at pre trial stage, however he could not dispute the aforesaid submission of the learned counsel for the applicant. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application that the applicant's criminal history has been explained; co- accused Kallu has already been granted bail; it is a case of no injury; there is also no F.S.L. report; the applicant is incarcerated in jail since 28.5.2024 and the trial is not likely to conclude in near future due to heavy dockets, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, there is no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant- Yamin involved in the aforesaid 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 trial court concerned, with the following conditions which are being imposed in the interest of justice:- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 4. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 17.3.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad