BA1/749/2018 of Kamil Kuraishi Vs State Of Uttarakhand

Misc. Application No. 3609 of 2018

In BA1 No. 749 of 2018

Hon’ble V.K. Bist, J.

Mr. D.N. Sharma, Advocate for the

applicant.

Mr. Lalit Miglani, Brief Holder for the State of Uttarakhand.

This is the first bail application moved by the applicant.

Heard learned counsel for the parties.

Supplementary affidavit filed on behalf of the applicant is taken on record. The misc. application, made therefor, stands disposed of.

The applicant- Kamil Kuraishi is seeking regular bail in connection with F.I.R. No. 86 of 2018, offences punishable under Sections 3/5/11 (1) of the Uttarakhand Protection of Cow Progeny Act, registered at Police Station Rudrapur, District Udham Singh Nagar. Learned counsel for the applicant submitted that applicant has falsely been implicated in the instant crime; has no previous criminal history and is languishing in jail since 22.02.2018. He submitted that nothing has been recovered from the possession of the applicant which connects the applicant in the alleged crime. He also submitted that there is no independent witness of the alleged recovery. He submitted that the co-accused, namely, Yunus Kuraishi and Yaqoob Kuraishi assigning the similar role have already been granted bail by this court on 26.04.2018. He stated that in case, the applicant is granted bail he will not misuse the same

and will furnish the bail surety as per the satisfaction of this Court.

Considering the submission of learned counsel for the parties, and without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail at this stage.

The bail application is allowed.

Let the applicant be released on bail, on executing personal bond and furnishing two reliable localsureties, each of the like amount to the satisfaction of the Court concerned.

(V.K. Bist, J.)

16.05.2018

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