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Judgment
10 paragraphs · 332 wordsAlok Kumar Verma, J
Applicant – Savesh is in judicial custody for the offence punishable under Section 3, Section 5 read with Section 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.168 of 2025, registered at Police Station Kelakheda, District Udham Singh Nagar.
According to the First Information Report dated 12.12.2025, the police received a secret information that one Faeem is selling beef. The police raided the spot and recovered 70 kg. beef and other articles from the spot. Applicant was arrested.
Heard Mr. Shariq Khurshid, learned counsel for the applicant and Mrs. Rangoli Purohit, learned Brief Holder for the respondent.
Mr. Shariq Khurshid, Advocate submitted that the applicant has been falsely implicated by the police. Nothing was recovered from his possession. The alleged recovery was planted. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding.
Mrs. Rangoli Purohit, Brief Holder, 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 – Savesh 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.
