Husain vs State Of Uttarakhand

Alok Kumar Verma, J

The present Bail Application has been filed by the applicant for grant of regular bail in connection with the Case Crime No.220 of 2023, registered at police station Piran Kaliyar, District Haridwar for the offence under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3/11 of the Prevention of Cruelty to Animals Act, 1960.

According to the allegations of First Information Report dated 08.05.2023, 40 Kg. beef and cutting tools were recovered from the possession of the present applicant.

Heard Mr. Pramod Kumar, Advocate with Mr. Raj Kumar Singh, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General assisted by Mrs. Shivangi Gangwar, learned Brief Holder for the State.

Mr. Pramod Kumar, Advocate, argued that the applicant has been implicated in this matter; nothing was recovered from his possession; he is in custody since 08.05.2023; he is a permanent resident of District Haridwar and he has no criminal history.

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

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 applicant 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 applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Husain 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 with the following conditions :-

i) Applicant shall make himself available for interrogation by the Investigating Officer as and when requires;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Investigating Officer will be free to move the court for cancellation of bail.