Musahid 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. 858 of 2023, registered at police station Kotwali Laksar, District Haridwar.

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

According to the First Information Report dated 17.10.2023, the police party raided the house of the co-accused Parvez on a secret information. Police party recovered 60 Kg. beef and other articles from the spot. Four persons were present on the spot. Three persons, including the present applicant, were arrested, while, one person managed to escape from the spot.

Mr. Gaurav Singh, Advocate, submits that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery place does not belong to the present applicant. Applicant is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding. He has no criminal antecedents. The said offence is triable by Magistrate, and, two co-accused persons of the similar role have already been granted bail by this Court.

Mr. M.A. Khan, learned A.G.A. has opposed the bail application. However, he has fairly conceded that the two co-accused persons of the similar role have been granted bail by this Court.

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 applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant –Musahid 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.