Grant of bail based on parity with a co-accused and the overall evaluation of facts and evidence in a case involving the U.P. Prevention of Cow Slaughter Act.

1. Heard Shri Yogesh Mishra, holding brief of Shri Vishvajit Tiwari, learned counsel for the applicant, and Shri B.P. Maurya, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.42 of 2026, under Sections 109(1) of B.N.S. and Section 5A /8 of U.P. Prevention of Cow Slaughter Act , registered at Police Station Gunjdundwara, District Kasganj, during pendency of the trial.

3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that two alive bulls are said to have been recovered from the possession of the applicant and other co-accused Akram and the applicant and co-accused are fled away from the place of occurrence. It is further submitted that co-accused Akram has already been granted bail by the Co-ordinate Bench of this Court vide order dated 06.04.2026 passed in Criminal Misc. Bail Application No.14173 of 2026. It is further submitted that the applicant is languishing in jail since 07.03.2026 and the applicant is having criminal history of three cases, which has been duly explained in the memo of application, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

5. Co-acused Akram has already been granted bail by the Co-ordinate Bench of this Court vide order dated 06.04.2026 passed in Criminal Misc. Bail Application No.14173 of 2026. As per first information report, two alive bulls are said to have been recovered from the possession of the applicant and other co-accused Akram and the applicant and co-accused have fled away from the place of occurrence. It is further submitted that the applicant is languishing in jail since 07.03.2026 and the applicant is having criminal history of three cases, which has been duly explained in the memo of application.

6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.

7. Let the applicant- Tasleem involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :-

(i) 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.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

9. It is clarified that anything said in t