Julfan vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Julfan is in judicial custody in Case Crime No.125 of 2024, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 3/11 of the Prevention of Cruelty to Animals Act, 1960, Section 307 IPC and Section 4/25 of the Arms Act, 1959 (“the Act”), Police Station- Gangnahar Roorkee, District- Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 16.03.2024, police raided a premises and recovered beef and other articles, but the applicant managed to escape. In fact, it is also the case of the prosecution that the police party was attacked with a knife and with firearms.

Learned counsel for the applicant would submit that co-accused Farman and Israr have already been granted anticipatory bail in ABA No.301 of 2024. He would submit that with regard to attack with knife or firearm, FIR No.124 of 2024 has already been lodged at Police Station Gangnahar Roorkee, District Haridwar. Therefore, offence under Section 307 IPC and Section 3/25 of the Act in this FIR are duplicate in the instant FIR. They fall for investigation in FIR No. 124 of 2024, Police Station Gangnahar Roorkee, District Haridwar.

In fact, on 25.04.2024, when this bail application was considered, this Court has observed that, perhaps, in ABA No.301 of 2024, the aspect of assault on police was not considered, but now, it is revealed that assault on police by firearms and knife is a subject matter of investigation in FIR No.124 of 224, Police Station Gangnahar Roorkee, District Haridwar.

Learned State Counsel admits that in FIR No.124 of 2024, Police Station Gangnahar Roorkee, District Haridwar, the offence pertaining to attack by knife and firearms are also involved, which is under Section 307 IPC and Section 4/25 of the Act. She also admits that co-accused Farman and Israr have already been granted anticipatory bail by this Court.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.