Bail may be granted when the accused is not in direct possession of recovered contraband and the trial is unlikely to conclude early, provided the criminal history is explained.

1. Two supplementary affidavits filed on behalf of the applicant, which are taken on record.

2. Heard Shri Mohammad Ahmar Malik, learned counsel for the applicant, and Shri B.P. Maurya, learned AGA for the State-respondents and perused the record.

3. 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.43 of 2021, under Sections 307, 353, 332, 429 of I.P.C. and Sections 3 /5 Ka/8/5Kha Prevention of Cow Slaughter Act, registered at Police Station Kokhraj, District Kaushambi, during pendency of the trial.

4. 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 nothing has been recovered from the possession of the applicant and as per first information report, 22 alive bulls and 2 dead bulls are said to have been recovered from a container and the applicant was found travelling in a separate vehicle, which was running ahead of the container. It is further submitted that the applicant is languishing in jail since 01.04.2026, 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.

5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that the applicant is having criminal history of 8 cases.

6. In reply, learned counsel for the applicant submits that the applicant has explained criminal history of 8 cases in the supplementary affidavit filed today.

7. As per first information report, 22 alive bulls and 2 dead bulls are said to have been recovered from a container and the applicant was found travelling in a separate vehicle, which was running ahead of the container. It is further submitted that the applicant is languishing in jail since 01.04.2026.

8. 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.

9. Let the applicant- Saikal @ Hamid 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.

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

11. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of ev