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2026 DAILYLAW 4245 (UTT)

AAS MOHAMMAD v. STATE OF UTTARAKHAND

BA1/84/2026 · 2026-01-16

Ashish Naithani

body2026

Judgment text

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2026:UHC:565 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No.84 of 2026 Hon’ble Ashish Naithani, J. Mr. Mohd. Safdar, learned counsel for applicants. 2. Mr. Pankaj Joshi, learned A.G.A. with Ms. Rajni Supyal, learned Brief Holder for the State of Uttarakhand/respondent. 3. The present first Bail Application has been moved by Applicants-Aas Mohammad, aged about 23 years, S/o Furkan, R/o Village Nagla Kubra PS Jhabrera, District Haridwar and Salman, aged about 20 years, S/o Furkan, R/o Village Nagla Kubra PS Jhabrera, District Haridwar. The Applicants are in judicial custody in connection with FIR No. 0154 of 2025 dated 20.04.2025, registered at Police Station Gangnahar, District Haridwar, under Sections 3, 5 and 11 of the Uttarakhand Protection of Cow Progeny Act, 2007. 4. Heard Mr. Mohd. Safdar, learned counsel for applicants and Mr. Pankaj Joshi, learned A.G.A. for the State, and perused the record. 5. Learned counsel for Applicants submits that Applicants have falsely been implicated by the informant with an ulterior motive and they are an innocent person. It is further submitted that Applicants are not involved in any activity relating to cow progeny and have not indulged in any illegal activity. It is also submitted that neither any cow was slaughtered by the Applicants nor was any piece of beef sold by them. The implication of the Applicants is based merely on suspicion. 6. It is further submitted that from perusal 2026:UHC:565 of the FIR, it is revealed that applications are not named in the FIR and they could not be identified/recognized. The prosecution has utterly failed to produce any independent witness and, in the absence thereof, the prosecution story is unreliable and false. The prosecution has no material or credible evidence to substantiate the allegations levelled against the Applicants, and therefore, the FIR is nothing but an abuse of the process of law. 7. On the other hand, learned State Counsel has opposed the bail application stating that prima-facie case is made out against the applicants. 8. Considering facts and circumstances of the case and without expressing any opinion on the merits of the matter, this Court is of the view that the Applicants deserve to be released on bail at this stage. 9. Accordingly, the first bail application is allowed. 10. Let the Applicants-Aas Mohammad and Salman, be released on bail on their executing personal bond and furnishing two reliable sureties, each of the like amount, by each of them, to the satisfaction of Court concerned. 11. Pending application(s), if any, stands disposed of. (Ashish Naithani, J.) Vacation Judge 16.01.2026 PN