Pappu Shah Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36715 of 2022

Applicant :- Pappu Shah Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Rakesh Pati Tiwari, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 255 of 2022, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act,, P.S. Sungarhi, District Pilibhit.

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3.The aforesaid case has been registered on the basis of an F.I.R. alleging slaughtering of two bullocks.

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4.The police claimed to have arrested the applicant on the basis of an information received from a Mukhbir and it is alleged that the applicant confessed his involvement in the offence.

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5.The learned counsel for the applicant has submitted that the co-accused Saddam has already been granted bail by means of an order dated 18.08.2022 passed by this Court in Criminal Misc. Bail Application No. 35335 of 2022.

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6.It is further submitted by the learned counsel for the applicant that the case set up against the applicant is similar to that set up against the other co-accused person, who has already been released on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity.

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7.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 10.06.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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8.It has been stated in the affidavit that three other cases have

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been disclosed against the applicant and in all of which the applicant has already been granted bail. Copies of two bail orders have been annexed with the affidavit.

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9.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute that the case set up against the applicant is similar to that set up against the other co-accused persons, who has already been released on bail.

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10.Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has not been named in the FIR; that he has not been arrested on the spot; that the applicant has been arrested only on the basis of information received from a Mukhbir and also keeping in view the fact that the one of the co-accused has been granted bail, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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11.Let the applicant - Pappu Shah be released on bail in Case Crime No. 255 of 2022, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act,, P.S. Sungarhi, District Pilibhit on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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12.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 20.10.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.10.21 19:23:06 IST Reason: Location: High Court of Judicature at Allahabad

Pappu Shah v. State of U.P.

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Pappu Shah v. State of U.P.

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