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2025 DAILYLAW 12690 (UTT)

MOHD YASEEN ALIAS HAPPU v. STATE OF UTTARAKHAND

BA1/2081/2024 · 2025-02-17

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1096 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.2081 of 2024 with BA1 No.2082 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. D.C.S Rawat, learned counsel for the applicant in BA1 No.2081 of 2024 and Mr. Lalit Sharma with Mr. Shariq Khurshid, learned counsel for the applicant in BA1 No.2082 of 2024. 2. Mr. V.S. Pal, learned AGA along with Mr. Sandeep Sharma, learned Brief Holder for the State. 3. The applicants are in judicial custody in relation to FIR No.287 of 2024, wherein the applicants have been implicated for the offences punishable under Sections 3, 5 and 11(1) of Uttarakhand Protection of Cow Progeny Act, 2007 at Police Station I.T.I., District Udham Singh Nagar. They have sought their release on bail. 4. Heard learned counsel for the parties and perused the record. 5. It is submitted by learned counsel for the applicants that the charge-sheet has already been filed on 17.12.2024, and, furthermore, the applicants have no previous criminal history and they are in jail since 22.10.2024. 6. It is also argued by learned counsel for the applicants that earlier they approached to the Court for seeking Anticipatory bail, but the same was rejected, and, thereafter, the applicants surrendered on 22.10.2024 2025:UHC:1096 and since then they are in jail. 7. Apart from this, it is submitted that the offences, as alleged, are triable by the Magistrate. 8. Mr. V.S. Pal, learned AGA along with Mr. Sandeep Sharma, learned Brief Holder has not disputed this fact that the applicants have no previous criminal history and the offences, as alleged, are triable by the Magistrate. 9. After hearing the arguments as advanced by learned counsel for the parties and after gone through the entire record, this Court is of the view that since the investigation has already been completed and the charge sheet has been filed, it is a fit case for bail and the applicant, namely, Mohd Yaseen alias Happu and Azeem Ahamad, deserve to be enlarged on bail. 10. Accordingly, without expressing any opinion on the merit of the case, the bail applications are allowed. 11. Let the applicants, namely, “Mohd Yaseen alias Happu” and “Azeem Ahamad”, be released on bail, on their executing a personal bond and furnishing two reliable sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 17.02.2025 R.Bisht 2025:UHC:1096