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2026 DAILYLAW 967 (UTT)

MOHD FAIZAN v. STATE OF UTTARAKHAND

BA1/66/2026 · 2026-01-14

Ashish Naithani

Public Interest Litigationbody2026

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 ORDERS 2026:UHC:542 BA1 No. 66 of 2026 Hon’ble Ashish Naithani, J. Mr. Mohit Kumar Kashyap, learned counsel for the Applicant. 2. Mr. Sandeep Sharma, learned A.G.A. for the State of Uttarakhand. 3. The present Bail Application has been moved by the Applicant- Mohd. Faizan, aged about 21 years, S/o Mohd. Aslam, R/o Village Sarheni Turakiya, Police Station Amariya, District Pilibhit, Uttar Pradesh. The Applicant is in judicial custody in connection with FIR No. 0171 of 2025, registered at Police Station Pulbhatta, District Udham Singh Nagar, under Sections 3, 5 and 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007. 4. Heard Mr. Mohit Kumar Kashyap, learned counsel for the Applicant, and Mr. Sandeep Sharma, learned A.G.A. for the State, and perused the record. 5. Learned counsel for the Applicant submits that the Applicant has been falsely implicated by the informant with an ulterior motive and he is an innocent person. It is further submitted that the Applicant is not involved in any activity relating to cow progeny and has not indulged in any illegal activity. It is also submitted that neither any cow was slaughtered by the Applicant nor was any carcass dumped in the field of the informant by him. The implication of the Applicant is based merely on suspicion and rivalry with the informant. 6. It is further submitted that 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 Applicant, and therefore, the FIR is nothing but an abuse of the process of law. 7. On the other hand, learned Brief Holder for the State has opposed the bail application. 8. Considering the 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 Applicant deserves to be released on bail at this stage. 9. Accordingly, the bail application is allowed. 10. Let the Applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned. 11. All pending applications, if any, stand disposed of. (Ashish Naithani, J.) Vacation Judge 14.01.2026 Shiksha