Research › Search › Judgment

High Court of Uttarakhand · body

2026 DAILYLAW 3505 (UTT)

HAJI SUBHAAN v. STATE OF UTTARAKHAND

BA1/602/2026 · 2026-04-22

Ashish Naithani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S 2026:UHC:2958 BA1 No. 602 of 2026 Haji Subhaan ....Applicant Vs. State of Uttarakhand ......Respondent Hon’ble Ashish Naithani, J. Mr. Sanjay Kumar Chandel, learned counsel for the Applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant—Haji Subham, S/o Shakeel Ahmad, R/o Village Chakloharra, P.S. Bhagatpur, Tehsil Thakurdwara, District Moradabad, Uttar Pradesh. The Applicant is in judicial custody in connection with FIR No. 0081 of 2026, registered at Police Station I.T.I., District Udham Singh Nagar, for the offences punishable under Sections 3, 5, 6, 11(1) and 11(2) of the Uttarakhand Protection of Cow Progeny Act, 2007. 4. Heard Mr. Sanjay Kumar Chandel, learned counsel for the Applicant, and Mr. Chitrarth Kandpal, learned Brief Holder for the State. Perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the present case and is languishing in jail since 20.03.2026. It is contended that the person in whose name the licence of the meat shop was issued has not been arrested and, instead, the present Applicant, who is merely a daily wage worker earning livelihood for his family, has been implicated to shift the burden. It is further submitted that the Applicant was neither found slaughtering any cow progeny nor was he found transporting the alleged meat from the State of Uttarakhand to any other State. It is also argued that all the alleged offences are triable by the Magistrate. 6. Per contra, learned State counsel has opposed the Bail Application and contended that the Applicant is not entitled to bail. 7. After hearing the submissions of learned counsel for the parties and upon perusal of the record, this Court finds that the role attributed to the Applicant appears to be limited; the principal licence holder has not been arrested; the offences alleged are triable by the Magistrate; and the Applicant is in custody since 20.03.2026. Without expressing any opinion on the merits of the case, and considering the facts and circumstances of the case, this Court is of the view that the Applicant has made out a case for grant of bail at this stage. 8. Accordingly, the Bail Application is allowed. 9. Let the Applicant be released on bail upon executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned. 10. All pending applications, if any, stand disposed of. (Ashish Naithani, J.) 22.04.2026 Shiksha