Gulista 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.434 of 2023, registered at police station Kotwali Manglour, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Section 429 of the Indian Penal Code, 1860.

As per allegations of the FIR dated 08.06.2023, 210 kg. of beef and cutting equipments were recovered from the spot. Applicant along with one co-accused were arrested.

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

Mr. Gaurav Singh, Advocate, contended that the applicant, aged about 32 years, is a woman; she has been implicated in the present matter; nothing was recovered from her possession; she has no criminal history; she is a permanent resident of District Haridwar, and, she is in custody since 08.06.2023.

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 – Smt. Gulista be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.