High CourtsSingle Bench(2020) 03 UK CK 0016

Mursalin @ Sonu vs State Of Uttarakhand

Uttarakhand High Court · Decided on 3 March 2020

HON’BLE JUDGES
Alok Kumar Verma, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 179 Of 2020

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Judgment

19 paragraphs · 325 words

Alok Kumar Verma, J

1.

Heard Mr. Mohd, Safdar, learned Advocate for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand.

2.

This First Bail Application has been filed for grant of regular bail in connection with Case Crime No.716 of 2019 registered with Police Station

Kotwali Manglaur, District Haridwar for the offences punishable under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act,2007 and

Section 11 of the Prevention of Cruelty to Animals Act, 1960.

3.

According to the F.I.R., upon information, policy party raided the house of the present applicant on 15.12.2019 and recovered 245 Kg. beef with

equipments meant for slaughtering. The present applicant was arrested.

4.

The learned counsel appearing for the applicant submits that the applicant is an innocent person; he has been falsely implicated; nothing had been

recovered from the possession of the applicant; there is no independent witness of the alleged recovery; the applicant has no criminal history; the

applicant is in custody since 15.12.2019; the co-accused has been granted bail by this High Court.

5.

Learned counsel for the State opposed the bail application, however, the learned counsel for the State admits that the applicant has no criminal

history and co-accused has been granted bail by this High Court.

6.

The object of keeping an accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of

the accused. The applicant is the resident of District Haridwar. He has no criminal history.

7.

Considering the facts and circumstances of the case, 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.

8.

The bail application is allowed.

9.

Let the applicant 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.