HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31373 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant second bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 485 of 2021, under Sections 3/5A/5B/8 Prevention of Cow Slaughter Act, Police Station Rohaniya, District Varanasi, during the pendency of trial. First bail application of the applicant was dismissed as not pressed by this Bench vide order dated 25.08.2025 in Criminal Misc. Bail Application No. 22232 of 2025. As per the prosecution case, in brief, complainant Sub- Inspector Santosh Tiwari got a first information report lodged on 30.10.2021 against unknown person for the alleged offence under Sections 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act stating inter alia that when he along with Constable Jitendra Yadav were involved in checking of vehicles. They received information from the informer that in a Magic Vehicle cows are being transported. In follow up action when they tried to intercept the accused, the driver leaving the Magic Vehicle Registration No. UP 65 JT 8816 succeeded in running and from the said vehicle three cows were recovered. It is argued by learned counsel for the applicant that F.I.R. Versus Counsel for Applicant(s) : Aditya Prakash Verma, Ranjana Verma, Shailesh Verma, Vishal Tiwari Counsel for Opposite Party(s) : Ram Bharos Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) was lodged against unknown person. No one was apprehended at the spot. The applicant has been falsely implicated in this case because he is owner of the vehicle in question. No cow beef was recovered in this case. During investigation statement of applicant was not recorded and even, there is no independent public witness of recovery of three cows from the vehicle. Apart from this case the applicant has no criminal antecedent. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.06.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the applicant is neither named in the F.I.R. nor apprehended at the spot and there is no compliance of Section 105 of B.N.S.S., 2023. Considering the overall 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 view that, prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Ram Bharos Yadav, 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: (i) That the applicant shall cooperate with 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 BAIL No. 31373 of 2025 2 be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 25, 2025 Kashifa BAIL No. 31373 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad