Pappu v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record.

This is the second application for bail moved on behalf of applicant- Pappu with the prayer to release him on bail during the trial in Case Crime No. 603 of 2024 under Section 11 of Prevention of Cruelty to Animals Act, 1960, Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955 and Sections 4/25 Arms Act, 1959, Police Station Gurubuxganj, District Raebareli.

It has been submitted that earlier the applicant was party in Criminal Misc. Bail Application No.1834 of 2025 which was, however, dismissed with regard to the applicant but not on merits of the case. It is, therefore, submitted that second bail application has been filed in pursuance thereof.

The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant was arrested from open place in pasture and there is no any proof that the cow-progenies were being taken away for slaughtering. He next submits that no incriminating articles were recovered from possession of the applicant and police on the basis of suspicion has planted him. He further submits that co-accused Tinku, who has similar role, is already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 28.02.2025 passed in Criminal Misc. Bail Application No.1834 of 2025. Learned counsel for the applicant claims parity to the same. He next submits that the chargesheet has been filed thus, there is no possibility that he would tamper the evidences or would threaten the witnesses coupled with the fact that the applicant has explained seven cases criminal history in paragraph no. 17 of the affidavit filed in support of the bail application and he is languishing in jail since 11.12.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief.

Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 11.12.2024; chargesheet has been filed; the applicant has explained seven cases criminal history in paragraph no. 17 of the affidavit filed in support of the bail application; similarly situated co-accused Tinku has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 28.02.2025 passed in Criminal Misc. Bail Application No.1834 of 2025; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

Let the applicant- Pappu involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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 court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 2.4.2025 Shubhankar