HIGH COURT OF UTTARAKHAND
ABDUL WALI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 1507 / 2025
I N THE HI GH COURT OF UTTARAKHAND
AT NAI NI TAL
THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA
15TH SEPTEMBER, 2025
FI RST BAI L APPLI CATI ON NO.1507 of 2025
Abdul Wali ..…Applicant
Versus
State of Uttarakhand ..…Respondent
Counsel for the Applicant : Mr. Bilal Ahmed,
Advocate.
Counsel for the Respondent : Mr. Pratiroop Pandey,
Assistant Government Advocate assisted by
Mr. Himanshu Sain,
Brief Holder.
Hon’ble Alok Kumar Verma,J.
Applicant-Abdul Wali is in judicial custody
under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.524 of 2025, registered at Kotwali
Manglour, District Haridwar.
2. According to the First Information Report, on 30.07.2025, the police party received a secret information that seven-eight persons are slaughtering a cow in a field. The police party raided the spot. They noticed that eight persons were present on the spot. The police recovered 150 kg. beef from the spot.
Applicant-Abdul Wali was arrested on the spot. Other persons managed to escape from the spot.
3. Heard Mr. Bilal Ahmed, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for respondent.
4. Mr. Bilal Ahmed, Advocate, submitted that the applicant has been falsely implicated by the police. The alleged beef was not recovered from his possession. The said recovery is false. Applicant does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since
30.07.2025.
5. Mr. Pratiroop Pandey, learned Assistant Government Advocate, has opposed the bail application orally. However, he conceded that the applicant has no criminal antecedents.
6. Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the investigation is not punishment. The main purpose is manifestly to secure the attendance of the accused.
7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, 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- Abdul Wali 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.
___________________ ALOK KUMAR VERMA, J.
Dt:15.09.2025 Neha D BI i S g H it T a lly signed by NEHA DN: c=IN, o=HIGH COURT OF NEHA UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0 e018b01be753f014836d27, BISHTpostalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE
0F92, cn=NEHA BISHT Date: 2025.09.15 18:27:29 +05'30'
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