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Judgment
10 paragraphs · 387 wordsAlok Kumar Verma, J
Applicant is in judicial custody for the offence punishable under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.1163 of 2025, registered at Police Station Laksar, District Haridwar.
According to the First Information Report, on 18.11.2025, the police received a secret information that some persons are slaughtering a cow near sugarcane field. The police raided the spot. The police noticed that seven persons were present on the spot. They recovered 180.59 Kg. beef and other articles from the spot. The applicant was arrested while other six persons managed to escape from the spot.
Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent.
Mr. Bilal Ahmed, Advocate contended that the applicant has been implicated by the police. He was not involved in the said offence. The alleged beef was not recovered from his possession. The alleged recovery is false. There was no independent witness at the time of the alleged recovery. The alleged place does not belong to the applicant. The applicant has not been convicted by any Court. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.
Mrs. Sweta Badola Dobhal, Brief Holder has opposed the bail application orally.
Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused in detention during the investigation 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, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merits 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-Yunus 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.
