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2020 DIGILAW 75 (UTT)

Mahmood @ Mooda v. State Of Uttarakhand

2020-02-07

RAVINDRA MAITHANI

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JUDGMENT Ravindra Maithani, J. (Oral) - The applicant Mahmood @ Mooda is in custody in Case Crime No. 552 of 2019 under Sections 3, 5 and 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 at Police Station-Kotwali Laksar, District Haridwar. The applicant has sought his release on bail. 2. Heard learned counsel for the parties and perused the records. 3. According to the F.I.R., on 29.08.2019, 70 kg beef was recovered from the possession of the co-accused. According to the case, the applicant was named by one of the co-accused. 4. Mr. Mohd. Safdar, learned counsel for the applicant, would submit that the persons, who were arrested from the spot, have already been granted bail by this Court; the present applicant has no role; and there is no criminal history of the applicant. Hence, it is argued that it is a case fit for bail. 5. Mr. J.S. Virk, learned Assistant Government Advocate, would admit the fact that the co-accused have already been granted bail by this Court and that there is no criminal history of the applicant. 6. Having considered the rival submissions, under the facts and circumstances of the case, this Court is of the view that the applicant deserves to be released on bail. 7. The bail application is, accordingly, allowed. 8. Let the applicant Mahmood @ Mooda 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.