CRLR/470/2023
2023 Latest Caselaw 1858 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                     18th JULY, 2023

            CRIMINAL REVISION NO. 470 of 2023



Between:

Nasir Ali and Another                        .....Revisionists

and

State of Uttarakhand                       .....Respondents

Counsel for the Revisionists   :     Mr. Pradeep Chamyal,
                                     Advocate.
Counsel for the                :     Mrs. Manisha Rana
Respondent                           Singh, A.G.A. assisted
                                     by Mrs. Shewali Joshi,
                                      Brief Holder.
Hon'ble Alok Kumar Verma,J.

Revisionist-accused persons Nasir Ali and Bablu

were convicted and sentenced to undergo rigorous

imprisonment for a period of three months along with a

fine of Rs.20,000/- each under Section 6(1) read with

Section 11(2) of the Uttarakhand Protection of Cow

Progeny Act, 2007, and, they were further convicted for

the offence under Section 11(1)(d) of the Prevention of

Cruelty to Animals Act, 1960 and a fine of Rs.50/- each

was imposed on them. Against the said judgment dated

22.02.2021, passed by learned Judicial Magistrate,

Sitarganj, District Udham Singh Nagar in Criminal Case

No.818 of 2013, a Criminal Appeal (No.67 of 2021) was

filed. The said Criminal Appeal has been dismissed vide

judgment dated 17.06.2023, passed by learned Additional

Sessions Judge, Khatima, District Udham Singh Nagar.

2. Heard Mr. Pradeep Chamyal, learned counsel for

revisionists and Mrs. Manisha Rana Singh, learned A.G.A.

assisted by Mrs. Shewali Joshi, learned Brief Holder for

State.

3. Admit.

4. List on 09.11.2023

5. Heard on the Bail Application (IA No. 1 of 2023).

6. Mr. Pradeep Chamyal, Advocate, contended that

the revisionists were not present on the spot at the time

of the alleged recovery. They were not arrested on the

spot. Their name came to light in the confessional

statement of the co-accused Mobin Khan, who died during

the trial.

7. Mrs. Manisha Rana Singh, A.G.A. has opposed

the bail application.

8. Considering the facts and circumstances of the

case, this Court is inclined to grant bail to the revisionists,

Nasir Ali and Bablu.

9. Let the revisionists be released on bail on their

executing personal bond and furnishing two reliable

sureties, each in the like amount, to the satisfaction of

Trial Court.

___________________ ALOK KUMAR VERMA, J.

Dt: 18.07.2023 Neha