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2025 DAILYLAW 89058 (ALL)

PAPPU QURESHI v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME)

BAIL/30796/2024 · 2025-03-16

Mohd Azhar Husain Idrisi

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30796 of 2024 Applicant :- Pappu Qureshi Opposite Party :- State Of U.P Through Its Principal Secretary (Home) Counsel for Applicant :- Abdul Majid Counsel for Opposite Party :- G.A. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of accused- applicant-Pappu Qureshi, who is involved in Case Crime No. 163 of 2024 under Sections 429 I.P.C. and 11 of Prevention of Cruelty to Animals Act and 3/5/8 of The U.P. Prevention of Cow Slaughter Act, Police Station-Meerganj, District-Bareilly.. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. His name has surfaced for the first time in the commission of crime in the confessional statement made by co-accused-Mullan before the police in some other case. No recovery ,whatsoever, has been effected from the possession or pointing out of the applicant. It is further submitted that criminal history of four cases mentioned against the applicant in the bail rejection order has been duly explained in paragraph-20 of affidavit filed in support of the bail application. Lastly, it is contended that the applicant is languishing in jail since 10.07.2024. The applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail, will not tamper with prosecution evidence and cooperate with trial. He is ready to furnish sufficient and reliable sureties. Therefore, the applicant may be released on bail during pendency of trial. 4. Learned A.G.A. appearing for the State opposed the prayer for bail but not disputed the aforesaid facts. 5. Considering rival submissions of the parties, nature and gravity of offence and all other facts and attending circumstances of the case, without expressing any opinion on merits of case, in view of this Court, a case for grant of bail to the applicant is made out. 6. The bail application is, accordingly, allowed. 7. Let the applicant-Pappu Qureshi involved in aforesaid crime 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 :- i). The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial ii). The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In breach of any condition enumerated above, the trial court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law. Order Date :- 17.3.2025 MN/- Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad