2025:UHC:8680 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1804 of 2025 Mohd. Asif and Another ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicants are in judicial custody under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.358 of 2025, registered at Police Station Bahadrabad, District Haridwar. 2. According to the First Information Report dated 14.09.2025, a secret information was received by the police that Mohd. Asif, Mohd. Sadik (applicants) and Mohd. Sahil are slaughtering the cows in the house of Mohd. Asif. The police raided the spot. They noticed that three persons were present on the spot. The police 1 2025:UHC:8680 recovered 500 kg. beef and other articles from the spot. The applicants were arrested on the spot. 3. Heard Mr. Mohd Safdar, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 4. Mr. Mohd. Safdar, Advocate, submitted that the applicants have been falsely implicated by the police. The alleged beef was not recovered from their possession. The alleged recovery was planted. There was no independent witness at the time of the alleged recovery. Applicants are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. 5. Mr. G.S. Sandhu, learned Additional Advocate General, 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 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 2 2025:UHC:8680 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 applicant- Mohd. Asif and Mohd. Sadik be released on bail on executing a personal bonds and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. ___________________ ALOK KUMAR VERMA, J. Dt:25.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee 7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0F 92, cn=NEHA BISHT Date: 2025.09.25 18:08:03 +05'30'