High CourtsSingle Bench

Gulam Farid And Sahil vs State Of Uttarakhand

Uttarakhand High Court · Decided on 28 June 2023 · Citation: (2023) 06 UK CK 0107

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1498 Of 2023
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Judgment

9 paragraphs · 268 words

Alok Kumar Verma, J

1.

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the Case Crime No.272 of 2023, registered at police station Ranipur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

2.

As per FIR dated 13.06.2023, 80 Kg. of beef was recovered from the spot. Applicants - accused persons were arrested.

3.

Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. V.S. Rathore, learned AGA for the State.

4.

Mr. Mohd. Safdar, Advocate, contended that nothing was recovered from the possession of the applicants; there was no public witness in the proceedings of the alleged recovery; applicants have been implicated in the present matter; they have no criminal history; they are permanent resident of District Haridwar and they are in custody since 13.06.2023.

5.

On the other hand, learned counsel for the State has opposed the bail application.

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicants – Gulam Farid and Sahil 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.