Irfan 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 the Case Crime No.626 of 2023, registered at police station Kotwali Jawalapur, District Haridwar.

The present applicant is in judicial custody under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

On 21.08.2023, police party conducted a raid on a secret information and recovered three quintals of beef, an axe, two knives, two motorcycles and other articles. The present applicant and two co-accused persons Haseen and Sonu were arrested on the spot, while two co-accused persons managed to escape from the spot.

Heard Mr. Mohd. Safdar, learned counsel holding brief of Mr. Matloob Rawat, learned counsel for the applicant and Mr. Akshay Latwal, learned Brief Holder for the State.

Mr. Mohd. Safdar, Advocate, contended that the applicant aged about 60 years, has been falsely implicated in the present matter. The alleged recovered motorcycles do not belong to the present applicant. He does not have any criminal antecedents. He is a permanent resident of District Muzaffarnagar (Uttar Pradesh), therefore , there is no possibility of his absconding, and, the co-accused Haseen and Sonu have been granted bail by this Court.

Learned counsel for the State has opposed the bail application. However, he submits on instructions that the recovered motorcycles do not belong to the present applicant.

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 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 – Irfan 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.