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BA1/195/2022 of WASIM Vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court
Decision date
2022-10-13
Bench
MANOJ KUMAR TIWARI
Case number
195 of 2022

Parties

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|**SL.**<br>**No**|**Date**|**Office Notes,**<br>**reports, orders or**<br>**proceedings or**<br>**directions and**<br>**Registrar’s order**<br>**with Signatures**|**COURT’S OR JUDGES’S ORDERS**|
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||||BA1 No.195 of 2022<br>**Hon’ble N.S. Dhanik, J.**<br> <br>Mr. Hari Mohan Bhatia, learned<br>counsel for the applicants.<br>Mr. A.K. Shah, learned A.G.A. for the<br>State.<br>Having been implicated in FIR/Case<br>Crime No. 16 of 2022, under Sections<br>3/5/11(1) of Uttarakhand Protection of<br>Cow Progeny Act, PS- I.T.I. Kashipur,<br>District Udham Singh Nagar, the present<br>bail application has been moved on behalf<br>of the accused applicants.<br>Learned Counsel for the applicants<br>would submit that the applicants have<br>been falsely implicated; that there is no<br>independent public witness of the alleged<br>offence; that it is not clear as to how the<br>allegedly recovered beef was weighed as<br>there is no reference to any weighing scale<br>in the recovery memo; that both the<br>applicants have no criminal history in<br>their credit and they are languishing in<br>jail since 13.01.2022.<br>Learned State Counsel opposed the<br>bail application and contended that the<br>applicants were arrested on the spot, but<br>admitted that the applicants have no<br>criminal history in their credit.<br>Having heard learned counsel for the<br>parties and considering the facts and<br>circumstances of the case, and without<br>any comment on the final merits of the<br>case, the Court is of the view that the<br>applicants deserve bail at this stage.<br>Consequently, the bail application is<br>allowed.<br>Let the applicants be released on bail|

||||on<br>executing<br>a<br>personal<br>bond<br>and<br>furnishing two sureties, each in the like<br>amount, by each one of them, to the<br>satisfaction of court concerned.<br>Pending applications, if any, stands<br>disposed of.<br>**(N.S. Dhanik, J.)**<br>05.04.2022<br>RV|
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