Tasleem Ahmad 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.202 of 2023, registered at police station Jaspur, District Udham Singh Nagar under Section 3/5/6/11 (1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 31.05.2023, on the secret information, three quintal 95 Kg. beef was recovered from a car by the police party. Two co-accused persons were arrested. They disclosed in their confessional statements that they along with Tasleem (present applicant) had slaughtered the cow.

Heard Mr. Sanjay Kumar, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. assisted by Mrs. Shewali Joshi, learned Brief Holder for State.

Mr. Sanjay Kumar, Advocate, contended that the applicant was not present at the spot; he has been falsely implicated by the co-accused persons; nothing was recovered from his possession; he surrendered before the Court concerned on 08.06.2023, and, he has not been convicted by any Court.

Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application. However, she submitted that as per instruction, received from the concerned police station, the said car does not belong to the present applicant.

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-Tasleem Ahmad 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.