Arshad And Another vs State Of Uttarakhand

Alok Kumar Verma, J

This Application for grant of regular bail has been filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with Case Crime No. 34 of 2023, registered at police station Buggawala, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 24.04.2023, 40 Kg of beef along with cutting equipments were recovered from the spot. Present applicants were arrested.

Heard Mr. Raj Kumar Singh, learned counsel for the applicants and Mr. Pramod Tiwari, learned Brief Holder for the State.

Mr. Raj Kumar Singh, Advocate, has submitted that the applicants have been falsely implicated in the present matter; nothing was recovered from their possession; they are in custody since 24.04.2023; they are permanent resident of District Haridwar, and, they have no criminal history.

On the other hand, learned counsel for the State has opposed the bail application. However, he submitted that according to the instructions, received from the concerned police station, applicants have 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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicants – Arshad and Rahees be released on bail on their executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.