Rustam And Another 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. 383 of 2023, registered at police station Bahadrabad, 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 dated 30.09.2023, informant Sharad Singh, Sub-Inspector, raided the spot along with other police personnel. Four persons were present on the spot. Police party recovered 150 Kg. beef, cutting tools and other articles from the spot. The spot is a hut. Applicants were arrested on the spot. Two persons managed to escape from the spot.

Mr. Gaurav Singh, Advocate, contended that the applicants have been falsely implicated in the present matter. Nothing was recovered from their possession. The spot, hut, does not belong to the present applicants. Applicants have no criminal antecedents. They are permanent resident of District Haridwar, therefore, there is no likelihood of their 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 applicants have 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 –Rustam and Sadab be released on bail on their executing personal bonds and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.