Wasim 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 respect of Case Crime No. 271 of 2023, registered at police station Bhagwanpur, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

According to the First Information Report dated 07.05.2023, 157 Kg beef and cutting tools were recovered from the spot. Present applicant and one co-accused-Shadab were arrested.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Dinesh Chauhan, learned Brief Holder for the State.

Mr. Mohd. Safdar, Advocate, submitted that the applicant has been implicated in the present matter; nothing was recovered from the possession of the applicant; he has no criminal history; co-accused Shadab has been granted bail by this Court; applicant is in custody since 07.05.2023, and, he is permanent resident of District Haridwar.

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

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 – Wasim 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.