Sahid vs State Of Uttarakhand

Alok Kumar Verma, J

The applicant is in judicial custody for the offence punishable under 3, Section 5 read with Section 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.740 of 2025, registered at Kotwali Manglaur, District Haridwar.

The First Bail Application (No.2402 of 2025) was dismissed as withdrawn on 16.12.2025 granting liberty to the applicant to file afresh.

According to the First Information Report dated 08.11.2025, the police informer informed the police that a person is coming with beef. The police saw a person coming (applicant), who started running away after seeing the police. He was apprehended. The police recovered 15 kg. beef from his possession. He was arrested at 5:15 hrs. on 07.11.2025.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent.

Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated by the police. The said recovery was planted. There was no independent witness at the time of the alleged recovery. This fact makes the police story doubtful. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

Mrs. Sweta Badola Dobhal, Brief Holder for the respondent has opposed the bail application orally.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits 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-Sahid 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.