Bail u/62

IN THE COURT OF DISTRICT & SESSIONS JUDGE HYDERABAD
Pre-Arrest Bail Application No.        of 2012




MUHAMMAD AKBAR S/o Haji
Ahmed by caste Oad/Bhatti,
muslim, adult,Residents of
Mohallah Sehrish Nagar Katchi
Abadi, Qasimabad District
Hyderabad                - - - - - - - - -APPLICANTS/ACCUSED2s46

V E R S U S


THE STATE                - - - - - - - - - - - - - - RESPONDENT

Crime No. 04 of 2023
P.S: Nasim Nagar
U/Sec: 462-C PPC

APPLICATION U/S 498 CR.P.C
        It is respectfully prayed on behalf of applicant/accused that this Honourable Court may be pleased to admit him on PRE-ARREST BAIL in above case/crime, on consideration of following facts and grounds: -

F A C T S
        That the facts of the prosecution case as reflected and gleaned out of the FIR is that, complainant is residing at above mentioned address and posted at sui southern gas company as incharge executive, on dated 02-04-2012 at about 1100hrs complainant along with his staff every one namely 1-

(2)
Maqsood Ahmed S/o Muhammad Khan Abbasi (Engineer), 2-Muhammad Sadiq Bhati, (Senior Welder) along with labourers of the company in government vehicle went for checking the illegal gas connections, when they reached at Oad Colony near Sehrish Nagar at about noon time 3:00pm, then they saw four pipe lines are processing towards different houses from earth, then immediately with the help of labourers started digging & check them, all four plastic pipes were attached with our main line of sui southern gas company, then immediately all four pipes disjoined from the main line of gas and took them in our possession so also click the images and repair the main line of gas, then they inquire from locality & they came to know these pipe lines proceeding in the houses of every one 1- Aziz-ur-Rehman @ Gijo Oad, 2- Ismail S/o Ibrahim Oad, 3- Yousif Oad, 4- Akbar Oad all are resident Oad Colony near Sehrish Nagar Taluka Qasimbad, then complainant along with his staff went at their head office and disclosed all facts to their high officials, who allowed them to go and register the case against accused person for committing theft of gas, now complainant is present at PS and reporting, that above accused persons punctured the main line of our sui southern gas company and attached the plastic pipe lines so also give harm to the national treasure, complaint is that, hence applicant/accused is surrender before this Honourable Court for seeking pre-arrest bail, as the applicant/accused can face the trial. (PSC of challan is attached here with).

G R O U N D S
1-        That, there are no reasonable grounds to believe that applicants/accused are guilty of offence with which he stands charged with.

(3)
2-        That, story narrated in the FIR is highly unlikely, false, concocted and fabricated as such requires further inquiry.

3-        That, the FIR is delayed more then 5 hours without any plausible explanation, which requires further Inquiry.

4-        That, complainant have not mentioned any source of information regarding involvement of accused in theft of gas, therefore case required further inquiry.

5-        That, the applicant/accused is a labourer by profession and a gas connection was installed in his house but his financial condition being weak, he could not pay the bills and subsequently the amount of Rs.6390/- stood against him for which his connection also was disconnected by the authorities and since the complainant party have been directed to recover the arrears from the people hence they are using these unlawful tactics to affect recovery of arrears, while fabricating such cock and bull stories like the present one, otherwise not such offence has ever taken place.

6-         That, it also pertinent to mention that applicant/accused and some of his close relative lives in join home, hence since disconnection of his meter, he started using the connection of his niece and such copies of paid bills of that gas connection are enclosed herewith.

7-         That, the facts as alleged in the FIR do not at all constitute section 462-C PPC which solely cover the tampering with auxiliary and distribution of pipelines of petroleum, hence the said section has been misapplied against the applicant/accused in order to pressurize, black mail to extract illegal gratification at one hand and to strengthen them fabricated case as the other hand.

(4)
8-        That, it is well settled law that uncertainty of a provision incorporated in FIR, itself is a ground of further inquiry.

9-        That, the complainant party is quite obviously ambiguous and malicious as according to FIR complainant party recovered the alleged pipes secured the same themselves thinking themselves to be police officers for which they were not authorized at all, hence the malafide on the part of complainant party can not be ruled out.

10-        That, alleged offence does not fall within the prohibitory clause of section 497(1) Cr.P.C.

11-        That, concerned police is continuously raiding the house of applicant/accused for their malafide arrest at any cost and in this way they have made the life of applicants/accused miserable.

12-        That, there is great apprehension of malafide arrest of applicant/accused at the hands of police, as police concerned is very active for the arrest of applicant/accused at the instance of complainant.

13-        That, lives, liberty, Honour and prestige of applicant/accused are in danger at the hands of police, in case applicants/accused are arrested, they will be subjected to humiliation, harassment and torture at the hands of police & implicated him in other cases.

14-        That, in case applicant/accused are arrested, they will be disgraced, disrespected, dishonoured, humiliated and tortured at the hands of police.

(5)
15-        That, there exist no reasonable grounds to believe that applicant/accused are guilty of offence punishable with death, transportation for life or even 10-years R.I.

16-        That, other legal and fresh grounds will be advanced at the time of arguments with permission of this Honourable Court.

17-        That, there is no likelihood of abscondance or tampering with prosecution evidence.

18-        That, applicants/accused are ready and willing to furnish solvent surety to the entire satisfaction of this Honourable Court.

19-        That, prior to this no bail application on behalf of applicant/accused is filed in this crime before this Honourable Court.

Hyderabad
Dated: -    -07-2012
ADVOCATE FOR
APPLICANTS/ACCUSED

For immediate use only
IN THE COURT OF DISTRICT & SESSIONS JUDGE HYDERABAD
Pre-Arrest Bail Application No.        of 2012

MUHAMMAD AKBAR             - - - - - - - -applicant/accused

V E R S U S

THE STATE             - - - - - - - - - - - - - - - - RESPONDENTS

AFFIDAVIT.
        I, MUHAMMAD AKBAR S/o Haji Ahmed by caste Oad/Bhatti, Muslim, adult, Residents of Mohallah Sehrish Nagar Katchi Abadi, Qasimabad District Hyderabad do hereby state on the oath as under: -

1-        That, I am applicant/accused in this matter, as such am well conversant with the facts of the matter.

2-        That, present affidavit & accompanying pre-arrest bail have been drafted and filed under my instructions and contents of the same are true and correct.

3-        That, there is great apprehension of my malafide arrest at the hands of police as concerned police is bent upon to arrest me at any cost.

4-        That, police concerned is continuously raiding my residence for my arrest at any cost in order to humiliate, harass and torture me.

5-        That, police is also harassing my family members to develop pressure upon me for my malafide arrest at the hands.

6-        That, my life, liberty, honour and prestige are at stake at the hands of police, in case I am not admitted to pre-arrest bail, I will be arrested, disgraced, disrespected and dishonoured at the hands of police.

7-        That, contents of accompanying pre-arrest bail application may please be treated as part and parcel of this affidavit for the sake of brevity.

8-        Whatever stated above are true and correct to the best of my knowledge and belief.

Hyderabad
Dated:-   -07-2012                    ( DEPONENT )

I know the deponent above named

( Advocate )

(2)
        The deponent above named is identified by Mr. Bakhtiar Ahmed Panhwer, Advocate, who is known to me.


COMMISSIONER FOR TAKING AFFIDAVIT
    The contents of above affidavit have been read over and explained to deponent above named in his language at Hyderabad on this     th day of July 2012, which he confirms by putting his signature as true and correct on solemn affirmation before me.

COMMISSIONER FOR TAKING AFFIDAVIT