The Court granted bail to the applicant, Rafiq, in a case concerning cow protection. The Court held the matter fit for bail given the accused was not arrested at the spot, there was no recovery, no criminal history, and he was ready to furnish sureties.
Bail granted on executing a personal bond and furnishing two reliable sureties in the like amount.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No.128 of 2021 Hon’ble R.C. Khu lbe, J. Mr. Mani Kumar, learned counsel for the applicant. Mr. Balwinder Singh, learned B.H. for the State. Accused – Rafiq has sought his release on bail in connection with Case Crime/ FIR No.318 of 2020, u/ s 3/ 5/ 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007, registered at P.S. Kichha, District-Udham Singh Nagar. It is argued that the accused has been falsely implicated; he is languishing in jail since 23.12.2020; there is no criminal history; he was not arrested at the spot; there is no recovery from his possession; he is ready to furnish the sureties; and he may be granted bail. Per contra, learned counsel for the State although opposed for bail but fairly admitted that there is no recovery from his possession and he was not arrested at the spot. Since the accused is languishing in jail since 23.12.2020; he was not arrested at the spot; there is no recovery against him; the case is triable by Magistrate, accordingly, withoutgoing |
| into merits of the case, it | is a fit case for |
|---|---|
| bail at this stage. | |
| Accordingly, the application is allowed and |
present bail the applicant is |
| directed to be released executing personal bond |
on bail on his and furnishing |
| two reliable sureties in th | e like amount, |
| to the satisfaction o concerned. Pending application, disposed of. |
f the Court if any, stands |
| ( R.C. 02 Sukhbant |
Kh u lbe, J.) .0 3 .2 0 2 1 |
2 issues framed by the court
Whether the accused is entitled to bail in a case under the Uttarakhand Protection of Cow Progeny Act, 2007 given he was not arrested at the spot and there was no recovery from his possession?
Whether lack of prior criminal history and readiness to furnish sureties are relevant factors for granting bail in this case?
1 provisions across 1 enactments
Rafiq
State of Uttarakhand
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
