Muntjeer 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.891 of 2023, registered at police station Bhagwanpur, District Haridwar.

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

As per the First Information Report, the police party recovered 152 kg. beef, two axes and other articles on 28.12.2023. Four persons were present on the spot. Three persons managed to escape from the spot. The present applicant was arrested by the police party.

Heard Mr. Devendra Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Learned counsel for the applicant contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 28.12.2023.

Learned counsel for the State has opposed the bail application orally.

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 – Muntjeer 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.