Rihan 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 Case Crime No. 257 of 2023, registered at police station Vikasnagar, District Dehradun under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR, informant Sharad Singh, Sub-Inspector, was present on patrolling duty along with other police personnel. On a secret information, they raided the spot and recovered 190 Kg beef along with cutting tools. Present applicant and co-accused Haroon were arrested at 12:45 hrs on 17.07.2023.

Mr. Ankur Sharma, learned counsel for the applicant through video conferencing.

Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Ankur Sharma, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. He has no criminal history, and, he is in custody since 17.07.2023.

On the other hand, learned counsel for the State has opposed the bail application. However, he 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 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 – Rihan 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.