Savez Qureshi & Others vs State Of Uttarakhand

Alok Kumar Verma, J

Present Applications have been filed for grant of regular bail in connection with the Case Crime No.168 of 2023, registered at police station Bahadrabad, District Haridwar under Section 307 of the Indian Penal Code, 1860, Section 3 read with Section 25 of the Arms Act, 1959, Section 3 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11 of the Prevention of Cruelty to Animals Act, 1960.

These two Bail Applications have arisen from one Case Crime No.168 of 2023, therefore, these two Bail Applications are being considered and decided by this common order. Record of BA1 No.1294 of 2023 will be leading file.

Heard Mr. Mohd. Safdar, Advocate, and Mr. Gaurav Singh, Advocate, for the applicants and Mr. V.S. Rathore, learned AGA for the State.

According to the prosecution’s case, on 13.05.2023 at 23.45 hrs., the informant Nitesh Sharma, Station Officer, was present on patrolling duty along with other police personnel. They got a secret information that some persons had taken a cow to be slaughtered. On this information, police party raided the spot. Three persons were tying a cow. Seeing the police, they fired on them. Constable Nitin had a bullet injury on his elbow. When the police asked them to surrender, they fired again. The police fired in self-defence, which hit Savez Qureshi (applicant). A pistol 315 bore and a hollow cartridge were recovered from the spot. Applicant Bilal Kureshi was arrested while he was running away from the spot. A pistol 315 bore was recovered from his possession. Charge-sheet has been filed.

Mr. Mohd. Safdar, Advocate, and Mr. Gaurav Singh, Advocate, contended that applicants have been falsely implicated in the present matters. They were not present on the spot. According to the Fard recovery, Constable Nitin and applicant Savez Qureshi were taken to the hospital before completion of the proceedings, however, it can be seen that the signatures of the Constable Nitin and applicant Savez Qureshi are present on the recovery memo. Applicants have not been convicted by any court. They are permanent residents of District Saharanpur, therefore, there is no likelihood of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mr. V.S. Rathore, learned AGA for the State, has opposed the bail application.

The object of keeping the accused person in detention during the trial 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 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 Applications are allowed.

Let the applicants – Savez Qureshi and Bilal Kureshi 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 with the following conditions :-

i) Applicants shall attend the trial court regularly and they will not seek any unnecessary adjournment;

ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case;

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, prosecution will be free to move the court for cancellation of bail.

A copy of this order be placed on the record of BA1 No.1413 of 2023.