Iliyas And Another vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with First Information Report No. 289 of 2023, registered at police station Pathri, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the FIR, informant Virendra Singh, Sub-Inspector, along with other police personnel was present on night patrolling duty. On a secret information, they raided the spot and recovered 100 Kg of beef, two knives, one axe and other articles from the spot. Applicants were arrested at 8:55 hrs on 21.07.2023.

Heard Mr. Gaurav Singh, learned counsel for the applicants and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Singh, Advocate, contended that the applicants are innocent persons. They have been falsely implicated in the present matter. Nothing was recovered from their possession. They are permanent resident of District Haridwar, therefore, there is no chance of their absconding, and, they have no criminal history.

On the other hand, learned counsel for the State has opposed the bail application. However, she has fairly conceded that the applicants have no criminal history.

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.

The Bail Application is allowed.

Let the applicants – Iliyas and Afjal be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.