IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Order on the Bail application of accused. CRIMINAL SIDE (1) Bail Application No. 761 of 2010 Kabir Ahmad S/o Jahoor Ahmad R/o Mohalla Islamnagar, Bahedi, P.S. Bahedi, Bareilly, Distict Bareilly (UP) ……..Applicant (In Jail) Versus State of Uttarakhand …….Opposite party (2) Bail Application No. 766 of 2010 Haseeb Ahmad S/o Lyeek Ahmad R/o Meena Bazaar, Bahedi, P.S. Bahedi, District Bareilly (UP) ……Applicant (In Jail) Versus State of Uttarakhand ………Opposite party ________________________________________________ Arising out of FIR No. 172/2010 Under Sections 3/5/11(1) of Uttarakhand Protection of Cow Progeny Act, 2007, P.S. Kichcha, District Udham Singh Nagar ________________________________________________ Dated: August 17, 2010 Hon’ble Dharam Veer, J. In both the bail applications, the applicants are related to the common incident and the matter to be decided in both the applications is also same, hence both these bail application are being disposed of by this one and common order. Heard Ms. Suman Sharma, Advocate for the applicant Kabir Ahmad and Mr. Harshpal Sekhon, Advocate for the applicant Haseeb Ahmad as well as Mr. Amit Bhatt, Additional Government Advocate for the State. Ms. Suman Sharma, learned counsel for the applicant Kabir Ahmad submitted that the applicant Kabir Ahmad is not named in the FIR. Further, he is the driver of the vehicle and he was not arrested from the spot. Mr. Harshpal Sekhon, learned counsel for the applicant Haseeb Ahmad submitted that the applicant Haseeb Ahmad has been implicated in a false case and the alleged recovery is false and planted. It is further submitted that the applicant was called from the house and thereafter he was sent to jail. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants Kabir Ahmad and Haseeb Ahmad be released on bail on executing a personal bond by each one of them and on furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. Both the bail applications are allowed accordingly. (Dharam Veer, J.) 17.8.2010 RG