Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8288 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
17th SEPTEMBER, 2025
FIRST BAIL APPLICATION NO. 1737 of 2025
Meerjanha and Another
..…Applicants
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicants : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Hon’ble Alok Kumar Verma,J.
The applicants are in judicial custody for the offence under Section 3 and Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.434 of 2025, registered at Kotwali Gangnahar, District Haridwar. 2. Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Himasnhu Sain, learned Brief Holder for the respondent. 3. As per the First Information Report, police received a secret information on 05.09.2025 that Gulsher is slaughtering cows in front of his house. The police party raided the spot. They noticed that several persons were present in an open plot. One co-accused Ishtekhar was arrested. The police party recovered 950 1
2025:UHC:8288 Kg. beef and other articles from the spot. The arrested accused Ishtekhar told the police that Meerjanha, Hsan Janha (applicants), Gulsher, Subahan Ali and Abbas Ali were also involved in slaughtering the cows and after seeing the police, they fled from the spot. 4. Mr. Mohd. Safdar, Advocate, for the applicants submitted that the applicants are falsely implicated by the co-accused Ishtekhar. On the statements of the co-accused Ishtekhar, the applicants were arrested on the same day. The applicants were not involved in the said offence. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding, and, they have no criminal antecedents. The co-accused Subahan Ali, Abbas Ali and Gulsher have already been granted anticipatory bail. 5. Mr. Himanshu Sain, Brief Holder, has opposed the bail application orally. 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 2
2025:UHC:8288 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 applicants 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 applicants deserve bail at this stage. 8. The Bail Application is allowed. 9. Let the applicants Meerjanha and Hsan Janha be released on bail on their 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: 17.09.2025 Pant/
3