Rauf vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed for grant of regular bail in respect of First Information Report No.220 of 2023, registered at police station Piran Kaliyar, District Hairdwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3/11 of the Prevention of Cruelty to Animals Act, 1960.

As per FIR, 80 kg. of beef and two knives were recovered from the possession of the present applicant.

Heard Mr. Pankaj Kumar Sharma, learned counsel for applicant and Ms. Shivangi Gangwar, learned Brief Holder for the State.

Mr. Pankaj Kumar Sharma, Advocate, has submitted that nothing was recovered from the possession of the present applicant; he has been implicated in this matter; he has in custody since 08.05.2023 and he has no criminal history.

Learned counsel for the State has opposed the bail application orally. However, she 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 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 – Rauf 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 with the following conditions :-

i) Applicant shall make himself available for interrogation by the Investigating Officer as and when requires;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Investigating Officer will be free to move the court for cancellation of bail.