2025:UHC:8473 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND SEPTEMBER, 2025 FIRST BAIL APPLICATION NO.1167 of 2025 Sarfaraz ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. Applicant-Sarfaraz is in judicial custody under Section 3, Section 5 read with Section 11 (1) of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.151 of 2025, registered at Police Station ITI, District Udham Singh Nagar. 2. On a secret information, the police party raided the spot on 05.06.2025 and recovered 262 kg. beef and other articles from the spot. The applicant was arrested. 3. Heard Mr. Mohd Safdar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Mohd. Safdar, Advocate, submitted that 1 2025:UHC:8473 the applicant has been falsely implicated in the present matter. The alleged beef was not recovered from his possession. He was not involved in the said offence. The alleged recovery was planted. There was no independent witness at the time of the recovery. This fact also makes the police story doubtful. Applicant is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. He has no criminal history, and, he is in custody since 05.06.2025. 5. Mr. Pradeep Lohani, learned Brief Holder, has opposed the bail application. 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 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 2 2025:UHC:8473 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- Sarfaraz 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. Dt:22.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee73 26b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32 DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.22 18:22:02 +05'30'