Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 15493 (UTT)

ABDURRAHMAN ALIAS DULLA v. STATE OF UTTARAKHAND

BA1/2088/2025 · 2025-11-11

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9917 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 11TH NOVEMBER, 2025 FIRST BAIL APPLICATION NO. 2088 of 2025 Abdurrahman alias Dulla ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Faizan Ali, Advocate holding brief of Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mrs. Sweta Badola Dobhal, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant is in judicial custody for the offence under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.376 of 2025, registered at Police Station Bhagwanpur, District Haridwar. 2. According to the First Information Report, a secret information was received by the police that Abdurrahman alias Dulla (applicant), Imran alias Tailor, Chhota and Ikrar are slaughtering a cow. On this information, the police raided the spot. They noticed that four persons were present on the spot. They recovered 210 Kg. beef and other articles from the 1 2025:UHC:9917 spot. The present applicant and one co-accused Ikrar were arrested, while two persons managed to escape from the spot. 3. Heard Mr. Faizan Ali, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent. 4. Mr. Faizan Ali, Advocate contended that the applicant has been falsely implicated by the police. Nothing was recovered from the possession of the applicant. There was no independent witness at the time of the alleged recovery from the applicant. This fact also makes the story of the police doubtful. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is in custody since 23.10.2025. 5. Mrs. Sweta Badola Dobhal, 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:9917 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 applicant 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 applicant deserves bail at this stage. 8. The Bail Application is allowed. 9. Let the applicant-Abdurrahman alias Dulla be released on bail on his 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. Date: 11.11.2025 JKJ/Pant 3