Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 522

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ALOK KUMAR VERMA, J.
Parvej – Appellant
Versus
State of Uttarakhand – Respondent
First Bail Application No. 2383 of 2023
Decided on : 03-11-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Gaurav Singh, Advocate
For the Respondent: Mr. Akshay Latwal

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 the case.

Headnote:
Bail - Uttarakhand Protection of Cow Progeny Act, 2007 - The court granted bail to the applicant under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, despite the opposition from the State, based on the applicant's innocence, permanent residency, lack of criminal history, and the view that there was no reason to keep the applicant behind bars indefinitely.
Fact of the Case:
The applicant filed for regular bail under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with a case involving the possession of beef and other articles.
Finding of the Court:
The court, after considering the submissions of both parties, granted bail to the applicant without expressing any opinion as to the merit of the case, based on the view that there was no reason to keep the applicant behind bars for an indefinite period.
Issues: The main issue was the grant of bail to the applicant under the Uttarakhand Protection of Cow Progeny Act, 2007, despite the opposition from the State.
Ratio Decidendi: The court's decision was influenced by the applicant's innocence, permanent residency, lack of criminal history, and the view that there was no reason to keep the applicant behind bars indefinitely.
Final Decision: The Bail Application was allowed, and the applicant was ordered to be released on bail upon executing a personal bond and furnishing two reliable sureties.

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, 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.

7. The Bail Application is allowed.

8. Let the applicant – Parvej be released on bail on his executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.

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