Aalim vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with the Case Crime No.858 of 2023, registered at police station Laksar, District Haridwar.

As per the First Information Report dated 17.10.2023, on a secret information, informant Sharad Singh, Sub-Inspector, raided the spot along with other police personnel. Four persons were present in the house of Parvej (co-accused). Police party recovered 60 Kg. beef and other articles from the house of Parvej. Three persons, including the present applicant, were arrested on the spot, while one person managed to escape from the spot.

Mr. Mohd. Safdar, Advocate, submits that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The place of recovery does not belong to the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. The said offence is triable by Magistrate, and, co-accused Parvej has been granted regular bail by this Court.

Mr. M.A. Khan, learned A.G.A. has opposed the bail application. However, he has fairly conceded that the applicant has no criminal history.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicants behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant –Aalim be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.