Salman vs State Of Uttarakhand

Alok Kumar Verma, J

Present Bail Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with the First Information Report No.125 of 2022, registered at police station Kichha, District Udham Singh Nagar under Section 3/5/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

On the secret information, police party raided the spot and recovered 80 kg. of beef along with cutting tools, but, present applicant managed to escape from the spot. During the investigation, applicant was arrested on 25.05.2023.

Heard Km. Meenu, learned counsel for the applicant and Mr. B.P.S. Mer, learned Brief Holder for the State.

Km. Meenu, Advocate, contended that applicant was not present at the time of the raid of the police party; nothing was recovered from his possession; he has no criminal history; he is in custody since 25.05.2023 and he is a permanent resident of District Udham Singh Nagar.

On the other hand, learned counsel for the State has opposed the bail application orally.

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 – Salman 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.