Allahabad High Court
Pappu @ Akhlaq Ahmad vs State Of U.P. on 6 December, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42513 of 2016
Applicant :- Pappu @ Akhlaq Ahmad
Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajvendra Singh
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis, J.
Applicant ? Pappu @ Akhlaq Ahmad, seeks bail in Case Crime No. 68 of 2016, under Section 3/5/8 of U.P. Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station ? Sarai Inayat, District ? Allahabad.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that an FIR was lodged against 24 persons including the applicant for slaughtering of cow, in their own houses. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive, at the inkling and connivance of local people, who have influence over the concerned police station. Lastly it is submitted that the applicant was not arrested on the spot and recovery of cutting instruments and buffalo etc. have been implanted by the police from the spot with oblique motive as he could not grease the palm of the police personnel.
It is pointed out that co-accused ? Abrar and Pappu Kureshi have already been granted by another Bench of this Court on 01.06.2016 and 19.09.2016 vide Criminal Misc. Bail Application No. 18488 of 2016 (Abrar Vs. State of U.P) and Criminal Misc. Bail Application No. 32268 of 2016 - (Pappu Kureshi Vs. State of U.P), respectively, copies of the bail orders have been annexed as Annexure ? 2 with the present bail application. The applicant having no criminal history to his credit deserves to be released on bail. The applicant is in jail since 05.11.2016. In case the applicant is released on bail he will not misuse the liberty of bail.
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 therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant ? Pappu @ Akhlaq Ahmad, involved in Case Crime No. 68 of 2016, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station ? Sarai Inayat, District ? Allahabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
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 :- 06.12.2016.
Vinod.
