HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12219 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. Perused the material available on record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.179 of 2024, under Sections 3/5A/8 of Cow Slaughter Act and 11Gha of Animals Cruelty Act, Police Station- Akbarpur, District- Kanpur Dehat, during the pendency of trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused Mohd. Moonis while in police custody. The said statement, insofar as it implicates the applicant, is unreliable. The applicant has no concern with the alleged recovery. At this stage, there is no corroborative evidence to link the applicant with the offence. Criminal history of the applicant has been explained in paragraph- 23 of the bail application and paragraph-2 of the supplementary affidavit. The applicant is in jail since 24.02.2026 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail. He submits that the applicant has criminal antecedents. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused Versus Counsel for Applicant(s) : Vikrant Gupta Counsel for Opposite Party(s) : G.A. Islam .....Applicant(s) State of U.P. .....Opposite Party(s) Mohd. Moonis while in police custody. At this stage, there is no corroborative evidence to link the applicant with the offence. 6. In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any material that applicant in past attempted to evade the process of law. In the opinion of this Court, if the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground that he had criminal antecedent. 7. In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446, the Apex Court in para 30 has observed:- "We may hasten to add that when we state that the accused is a history- sheeter we may not be understood to have said that a history-sheeter is never entitled to bail. But, it is a significant factor to be taken note of regard being had to the nature of crime in respect of which he has been booked." 8. In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648, the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail. 9. Further, the applicant has remained confined for more than one and half month and there is no hope of early conclusion of trial, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 10. Let the applicant- Islam, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties (in view of criminal history) each in the like amount to the satisfaction of the court concerned subject to conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; BAIL No. 12219 of 2026 2 (iii) shall not pressurize the prosecution witnesses; and (v) shall appear on first Sunday of every month at the Police Station concerned. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. April 20, 2026 Manish Kr BAIL No. 12219 of 2026 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad