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Shazad & Others vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 15 February 2021 · Citation: (2021) 02 UK CK 0025

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11 · Indian Penal Code, 1860 — Section 188 · Disaster Management Act, 2005 — Section 51(b)
RESULT
Allowed
CASE NUMBER
First Bail Application No. 160, 161, 162 Of 2021
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Judgment

16 paragraphs · 242 words

Ravindra Maithani, J

1.

A common question of law has been raised in these bail applications, hence, they are being decided by this common judgment.

2.

The applicants â€" Shazad, Farman and Ahsan are in judicial custody in Case Crime/FIR No.268 of 2020, under Sections 3, 5 & 11 of The

Uttarakhand Protection of Cow Progeny Act, Section 188 of IPC and Section 51 (b) of the Disaster Management Act, Police Station â€

Bhagwanpur, District Haridwar.

3.

Heard learned counsel for the parties and perused the records.

4.

According to the case, 80 Kg. beef was recovered, but, the applicants managed to escape from the spot. State was required to file counter

affidavit, which has not been filed.

5.

Learned counsel for the applicants would submit that the applicants were not arrested at the spot, they are local residents and there is no criminal

history against them.

6.

Learned State Counsel admits these factual aspects.

7.

Having considered the facts, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicants

deserve to be enlarged on bail.

8.

The bail applications are allowed.

9.

Let the applicants - Shazad, Farman and Ahsan be released on bail, on executing a personal bond by each one of them and furnishing two reliable

sureties by each one of them, each of the like amount, to the satisfaction of the Court concerned.