IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 03rd day of January, 2008 Criminal Bail Application No.06 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Bilal S/o Ekhalq, R/o Village Sirchandi, Police Station-Bhagwanpur, District Haridwar. ....Applicant(In Jail) Versus State of Uttarakhand .........Opposite Party Arising out of Case Crime No. 264 of 2007 Under Sections 3/5/8 of Cow Slaughter Act, Police Station Kotwali Bhagwanpur, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that the beef was said to be recovered on 7.11.2007 at 5:30 A.M. With the same averments, the F.I.R. was lodged by Sri B.L. Bharti on 7.11.2007 at 7:35 A.M. in Police Station Bhagwanpur, District Haridwar. Learned counsel for the applicant has submitted that there is no public witness shown in the F.I.R. and even no beef has been recovered from the possession of the applicant. He has further submitted that the applicant is in jail since 11.12.2007. He has further submitted that the case was registered against the applicant u/s 3/5/8 Cow Slaughter Act. He has further submitted that the U.P. Prevention of Cow Slaughter Act, 1955 (as adapted and modified in the Uttarakhand) (Act No.1 of 1956) is hereby repealed in the context of the State of Uttarakhand and The Uttarakhand Protection of Cow Progeny, Act, 2007 is applicable. He has further submitted that the applicant has been falsely challaned in the above said Act. He has further submitted that the co-accused Shamshu @ Shamsudin and Sartaz have been released on bail by this Court on 7.12.2007 and on the basis of parity the present applicant is also entitled for bail. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, this court is of the view that the present applicant deserves bail at this stage. Let applicant Bilal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of J.M. Roorkee. The bail application is disposed of accordingly. (Dharam Veer, J.) January 03, 2008 ARTI