High CourtsSingle Bench

Sonu Alias Rehman vs State Of Uttarakhand

Uttarakhand High Court · Decided on 3 August 2023 · Citation: (2023) 08 UK CK 0006

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
RESULT
Allowed
CASE NUMBER
First Bail Application No. 1640 Of 2023
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Judgment

9 paragraphs · 302 words

Alok Kumar Verma, J

1.

Present 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. 326 of 2023, registered at police station Kotwali Manglaur, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

2.

As per FIR, informant Anurodh Vyas, Sub-Inspector, was on patrolling duty. On a secret information, police party raided the spot and recovered 350 Kg of beef along with cutting equipments. At the time of raid, five persons were present. Seeing the police, they managed to escape from the spot. Applicant was identified by police personnel. Applicant was arrested on 09.05.2023.

3.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. P.S. Uniyal, learned Brief Holder for the State.

4.

Mr. Gaurav Singh, Advocate, contended that the applicant was not present on the spot. Nothing was recovered from his possession. He has been falsely implicated in the present matter. He has not been convicted by any Court, and, he is a permanent resident of District Haridwar.

5.

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

6.

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.

7.

The Bail Application is allowed.

8.

Let the applicant – Sonu alias Rehman 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.