Shazad vs State Of Uttarakhand
2021 Latest Caselaw 348 UK

  IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                 First Bail Application No. 160 of 2021
Shazad                                                         ....... Applicant

                                       Vs.

State of Uttarakhand                                            ..... Respondent
                                        &

                 First Bail Application No. 161 of 2021
Farman                                                         ....... Applicant

                                       Vs.

State of Uttarakhand                                            ..... Respondent

                                        &

                 First Bail Application No. 162 of 2021
Ahsan                                                          ....... Applicant

                                       Vs.

State of Uttarakhand                                            ..... Respondent
Present:
Mr. Pranav Singh, learned Advocate for the applicants.
Mr. Kuldeep Rawal, learned AGA along with Mr. Balvinder Singh, B.H. for the State of
Uttarakhand.



Hon'ble Ravindra Maithani, J.

A common question of law has been raised in these bail applications, hence, they are being decided by this common judgment.

2. The applicants - Shazad, Farman and Ahsan are in judicial custody in Case Crime/FIR No.268 of 2020, under Sections 3, 5 & 11 of The Uttarakhand Protection of Cow Progeny Act, Section 188 of IPC and Section 51 (b) of the Disaster Management Act, Police Station - Bhagwanpur, District Haridwar.

3. Heard learned counsel for the parties and perused the records.

4. According to the case, 80 Kg. beef was recovered, but, the applicants managed to escape from the spot. State was required to file counter affidavit, which has not been filed.

5. Learned counsel for the applicants would submit that the applicants were not arrested at the spot, they are local residents and there is no criminal history against them.

6. Learned State Counsel admits these factual aspects.

7. Having considered the facts, under the facts and circumstances of the case, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

8. The bail applications are allowed.

9. Let the applicants - Shazad, Farman and Ahsan be released on bail, on executing a personal bond by each one of them and furnishing two reliable sureties by each one of them, each of the like amount, to the satisfaction of the Court concerned.

(Ravindra Maithani, J.) (Vacation Judge) 15.02.2021 BS/SS