Firoj Alias Foji vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant Firoj alias Foji is in judicial custody for the offence punishable under Section 3, Section 6 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.1207 of 2025, registered at Police Station Laksar, District Haridwar.

As per the respondent, on 28.11.2025, the police received a secret information that three persons are coming in a vehicle (Registration No.UK17CA5384). They are going to slaughter the cow. On the said information, the police had directed the driver of the said vehicle to stop the vehicle. A cow and a bull were found tied with a rope in the said vehicle. Two persons managed to escape from the spot. Sanowar alias Sanawwar, the driver of the vehicle, was arrested at 12:35 hrs. He told the police that he and Firoj (applicant) were taking the animals for slaughter.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent.

Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated by the co-accused. Applicant was not present on the spot. He was not involved in the alleged offence. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He is in custody since 04.01.2026, and, the co-accused Sanowar alias Sanawwar has already been granted regular bail by this Court on 19.12.2025.

Mr. Pratiroop Pandey, Assistant Government Advocate, for the respondent has opposed the bail application orally.

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 in detention during the investigation 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, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, 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 - Firoj alias Foji 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.