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Gulfam And Others vs State Of Uttarakhand

Uttarakhand High Court · Decided on 12 July 2023 · Citation: (2023) 07 UK CK 0064

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
CASE NUMBER
Bail Application No. 1 Of 2023 In Criminal Revision No. 324 Of 2023
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Judgment

10 paragraphs · 238 words

Alok Kumar Verma, J

1.

Revisionists-accused persons were convicted for the offence under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and they were sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 5,000/- each. Against the said judgment dated 19.06.2019, passed by learned Additional Chief Judicial Magistrate, Haridwar in Criminal Case No. 713 of 2015, a Criminal Appeal (No. 153 of 2019) was filed. The said Appeal has been dismissed vide judgment dated 29.04.2023, passed by learned Ist Additional District and Sessions Judge, Haridwar.

2.

Heard Mr. Gaurav Singh, learned counsel for the revisionists and Mr. V.K. Jemini, learned Deputy Advocate General for the State.

3.

Admit.

4.

List on 07.11.2023.

5.

Heard on the Bail Application (IA No. 1 of 2023).

6.

Mr. Gaurav Singh, Advocate, contended that there are material contradictions in the statements of the prosecution’s witnesses. Revisionists were on bail during the trial and appeal and the conditions of bail were neither misused nor violated by them.

7.

Learned counsel for the State has opposed the bail application.

8.

Considering the facts and circumstances of the case, this Court is inclined to grant bail to the revisionists, namely, Gulfam, Shahadat, Rijwan and Peeru.

9.

Let the revisionists be released on bail on their executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of Trial Court.