Danish Intezar vs State Of Uttarakhand

Alok Kumar Verma, J

This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR

No.031 of 2020, registered with Police Station-Banbhulpura, District-Nainital, for the offence punishable under Section 3/5/11(1) of the Uttarakhand

Protection of Cow Progeny Act, 2007.

An information was received by the police of Police Station Banbhulpura,, Nainital on 07.02.2020 about the cow slaughtering. The police party

raided the spot. On seeing the police party, four accused persons, including the present applicant, fled away from the spot. According to the FIR, beef

along with cutting instruments were recovered from the spot.

Heard Mrs. Pushpa Joshi, learned Senior Advocate assisted by Mr. Ahrar Baig, learned counsel for the applicant and Mr. Rohit Dhyani, learned

Brief Holder for the State.

Learned Senior Advocate submitted that the applicant has been falsely implicated; there was no public witness; he is a resident of District-Nainital;

he is in custody since 28.12.2020 and the co-accused persons have been granted bail by this High Court.

Learned counsel for the State opposed the bail application, however, he fairly concedes that the co-accused persons have been granted bail by this

High Court.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article

21 of the Constitution of India. The object of keeping the accused person in detention during the investigation/trial is not punishment. The main purpose

is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, without expressing any

opinion as to the merits 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 â€" Danish Intezar 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.