NAINITAL, India, April 17 -- Uttarakhand High Court issued the following judgment/order on March 17:

1. Mr. Gaurav Singh, learned counsel for the Applicant.

2. Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand.

3. The present Bail Application has been moved by the Applicant, namely Amzad, aged about 27 years, S/o Israeel, R/o Village Bhagwanpur, Chandanpur, Police Station Kotwali Manglour, District Haridwar. The Applicant is in judicial custody in connection with FIR/Case Crime No. 21/2026, registered at Police Station Kotwali Manglour, District Haridwar, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

4. Heard Mr. Gaurav Singh, learned counsel for the Applicant, and Mr. Vikash Uniyal, learned Brief Holder for the State. Perused the record.

5. Learned counsel for the Applicant submits that the Applicant was not named in the FIR; that his implication in the present case is subsequent and based solely on the police version, without any direct, independent, or clinching evidence connecting him with the alleged occurrence; that the Applicant was neither apprehended from the spot nor has any personal recovery been effected from his possession, and the alleged recoveries are stated to have been made from an open place accessible to all; that no scientific or forensic evidence has been placed on record to conclusively establish the active involvement of the Applicant in the alleged offence; and that the entire case of the prosecution rests upon official witnesses alone, with no neutral or independent witness supporting the alleged recovery proceedings.

6. Learned State Counsel opposed the Bail Application.

7. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the Applicant is entitled to be released on bail.

8. Accordingly, the Bail Application is allowed.

9. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.

10. All pending applications, if any, stand disposed of.

Disclaimer: Curated by HT Syndication.