Sahil Alias Monu vs State Of Uttarakhand

Alok Kumar Verma,J

This Bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with First Information Report No.400 of 2021, registered with Police Station Bahadrabad, District Haridwar for the offence 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, 1860.

Heard Ms. Reema Rana, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the applicant and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

According to the FIR, on 09.11.2021, at around 15:35 hours, 680 kg. beef, 15 cows along with the cutting articles were recovered. The FIR was registered against the present applicant along with the co-accused persons.

Ms. Reema Rana, the learned counsel appearing for the applicant, submitted that the applicant was not present at the spot; the applicant is a permanent resident of District Haridwar; the said recovery is false; the offences are triable by Magistrate and the applicant is in custody since 05.03.2022.

After availing sufficient opportunity to file counter affidavit, the counter affidavit has not been filed by the State. However, the learned counsel for the State 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 person 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, 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 Sahil Alias Monu 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.