Islam vs State Of Uttarakhand

Alok Kumar Verma, J

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 First Information Report No.153 of 2023, registered at police station Pathri, District Haridwar under Section 5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 21.04.2023, 30 kg. of beef was recovered from the spot. Applicant was arrested.

Heard Mr. Narendra Bali, learned counsel for the applicant and Mr. Pramod Tiwari, learned Brief Holder for the State.

Learned counsel for the applicant has submitted that applicant has been implicated in the present matter; nothing was recovered from his possession; he has no criminal history; he is in custody since 21.04.2023, and, he is a permanent resident of District Haridwar.

On the other hand, learned counsel for the State submitted that instruction has been received from the concerned police station and as per instruction applicant has 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 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 – Islam 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.