Meharban 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 First Information Report No.280 of 2023 registered at police station Bhagwanpur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection for Cow Progeny Act, 2007 and Section 353 of the Indian Penal Code, 1860.

As per the First Information Report, 312 Kg. beef, cutting instruments and two motorcycles were recovered. Present applicant was arrested while five other persons fled from the spot. At the time of his arrest, with the intention of preventing the police party from discharging their duties, present applicant along with co-accused persons assaulted them.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Singh, Advocate contended nothing was recovered from the possession of the applicant; the said motorcycles do not belong to the applicant; applicant has no criminal history; he is a permanent resident of District Haridwar and he is in custody since 13.05.2023.

Learned counsel appearing for the State has opposed the bail application orally. However, she has submitted that according to the instructions, received from the Investigating Officer, present applicant has no criminal history.

Having considered the submission 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-Meharban 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.