ALOK KUMAR VERMA
Parvej – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Alok Kumar Verma, J.
Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with the Case Crime No.858 of 2023, registered at police station Kotwali Laksar, District Haridwar. 2. As per FIR dated 17.10.2023, on a secret information, applicant was arrested from his house with 60 kg. beef and other articles.
3. Heard Mr. Gaurav Singh, learned counsel for the applicant through video conferencing and Mr. Akshay Latwal, learned Brief Holder for the State.
4. Mr. Gaurav Singh, Advocate, contended that the applicant is an innocent person. He has been falsely implicated by the police. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He has no criminal history, and, said offence is triable by Magistrate.
5. Learned counsel for the State has opposed the bail application orally.
6. Having considered the submissions 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,
The court has the discretion to grant bail based on the circumstances of the case, including the applicant's innocence, residency, and criminal history, without expressing an opinion on the merit of ....
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during investigation is to secure their attendance, not punishment.
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