Mohd Shanu Alias Mo.Shan 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.202 of 2023, registered at police station Jaspur, District Udham Singh Nagar under Section 3/5/6/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

According to the First Information Report, informant Anil Joshi, Sub-Inspector was busy in patrolling duty along with other police personnel. On the secret information, applicant was apprehended along with one co-accused. They were sitting in a Santro car, Registration No.DL-2CAD-7128. 03 Quintal 95 Kilogram beef was recovered from the said car. Applicant was arrested on 31.05.2023 at 8.10 hrs.

Heard Mr. Sanjay Kumar, learned counsel for the applicant and Mr. P.S. Uniyal, learned Brief Holder for the State.

Mr. Sanjay Kumar, Advocate contended that applicant has been implicated in the present matter. The said car does not belong to the applicant. Nothing was recovered from the possession of the applicant. He has no criminal history.

Learned counsel for the State has opposed the bail application. He has submitted that as per instructions, the said car belongs to one Hemant Dua and 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- Mohd. Shanu alias Mo.Shan 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.