Rizwan 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. 717 of 2023, registered at police station Laksar, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report dated 04.09.2023, lodged by the informant Naveen Singh Chauhan, Sub-Inspector, he was busy in checking the vehicles. On a secret information, he raided the spot along with other police personnel. Two persons were present on the spot. Police party recovered 10 Kg. beef from the spot. Applicant was arrested on the spot. The co-accused managed to escape from the spot.

Mr. Shakib Husain, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The alleged recovery was planted. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, he has no criminal antecedents.

Mrs. Manisha Rana Singh, learned A.G.A. has opposed the bail application. However, she submits 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 applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant –Rizwan 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.