Muntuyaj Alias Badra 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. 526 of 2023, registered at police station Bhagwanpur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960.

As per the First Information Report, informant Sharad Singh, Sub-Inspector, along with other police personnel was busy in checking. On a secret information, they raided the spot. Police party recovered 210 Kg. beef, one live cow, one motorcycle and other articles from the spot. Applicant was arrested at 11:35 hrs on 30.07.2023.

Mr. Pranav Singh, Advocate, submits that the place of recovery and the said recovered motorcycle do not belong to the applicant. Nothing was recovered from his possession. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

On the other hand, Mrs. Manisha Rana Singh, learned A.G.A. has opposed the bail application. However, she has fairly conceded that the 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 applicants 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 applicants deserve bail at this stage.

The Bail Application is allowed.

Let the applicant – Muntuyaj alias Badra 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.