High CourtsSingle Bench

Jamshed vs State Of Uttarakhand

Uttarakhand High Court · Decided on 10 July 2023 · Citation: (2023) 07 UK CK 0053

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1554 Of 2023
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Judgment

9 paragraphs · 272 words

Alok Kumar Verma, J

1.

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No. 380 of 2023, registered at police station Bhagwanpur, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

2.

According to the First Information Report dated 13.06.2023, on receiving a secret information, police party raided the spot. 200 Kg beef and cutting tools were recovered from the spot. Applicant-accused Jamshed was arrested along with co-accused Salim.

3.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

4.

Mr. Mohd. Safdar, Advocate, has submitted that the applicant has been implicated in the present matter; nothing was recovered from his possession; he is a permanent resident of District Haridwar; he is in custody since 13.06.2023, and, he has no criminal history.

5.

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

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicant – Jamshed 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.